97-22370 RESO
RESOLUTION NO. 97-22370
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND THE CITY CLERK TO EXECUTE A SECOND
AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND BURROUGHS AND
ROCKHILL, INC. PROVIDING FOR ASSESSMENT CENTER
DEVELOPMENT AND VALIDATION FOR SERGEANT OF POLICE
,AND LIEUTENANT OF POLICE; SAID AMENDMENT EXPANDING
THE AGREEMENT TO INCLUDE CONDUCTING PILOT TESTING
AND ADMINISTERING, SCORING, AND REPORTING THE
RESULTS OF THE ASSESSMENT CENTER-TYPE TESTATION
FOR POLICE OFFICER/TRAINEE IN AN AMOUNT NOT TO
EXCEED $64,500, AND AUTHORIZING THE CITY MANAGER TO
EXERCISE THE OPTION OF EXTENDING SAID AGREEMENT IN
AN AMOUNT NOT TO EXCEED $30,000, TO MEET ANY
ADDITIONAL DEPARTMENT OF JUSTICE REQUIREMENTS.
WHEREAS, the Consent Decree, entered by the Federal District Court between the
D~partment of Justice (DOJ) and the City of Miami Beach, prohibits continued use of the City's
pr'3vious test for Police OfficerlTrainee and allows the City to develop alternative validated selection
pr:>c3dures; and
WHEREAS, the Consent Decree requires that new selection procedures for Police
O'f1cerlTrainee must be developed in conjunction with the DOJ and are subject to DOJ approval;
and
WHEREAS, the City retains the ultimate responsibility for the development and
aclm nistration of lawful examinations for entry-level Police OfficerlTrainees; and
WHEREAS, the City issued RFP NO. 103-95/96 to solicit proposals for Assessment Center
deVE!lopment and validation for Police OfficerlTrainee; and
WHEREAS, there was only one proposal submitted in response to the RFP; and
WHEREAS, the one and only response received was rejected by the Commission as not
buinq in the best interest of the City because the Proposer would not give the City the copyrights
Page 2
fc r tl',e products of the project contrary to requirements in the RFP; Proposer did not submit the
re quired pages; Proposer did not give required price breakdown and discounts; and
WHEREAS, Burroughs & Rockhill, Inc. (Consultant) agreed to develop and validate an
A;SHssment Center-type test for the City of Miami Beach Police OfficerlTrainee; and
WHEREAS, the Consultant was considered to be an expert and had extensive experience
in developing, and validating Assessment Centers for uniformed positions, including Police; and
WHEREAS, through a separate competitive bidding processes, the Consultant was the top-
rc nk3d proposer and entered into Agreements with the City, on October 25, 1995, for Assessment
C3nter development and validation for Sergeant and Lieutenant of Police, and on June 19, 1996,
fc r F ire Lieutenant and Captain; and
WHEREAS, the performance of job analysis and test development and validation were in
a, :cordance with the Consent Decree and will help insure the administration of fair job-related
sf!lel~tion procedures, to select a diverse group of the most qualified Police OfficerlTrainees and
h,!lp protect the City against litigation under Title VII of the Civil Rights Act; and
WHEREAS, the Mayor and the City Commission wished to expedite the development,
administration, and validation of the Permanent Hiring Procedures for Police OfficerlTrainee, of
wlich an Assessment Center-type test is an integral part; and
WHEREAS, the Mayor and City Commission waived the competitive bidding requirement
fir'lding such waiver to be in the best interest of the City and authorized the Mayor and City Clerk
tc e><ecute the First Amendment to the existing Agreement between the City and the Consultant,
e::pcmding said Agreement to include development and validation of an Assessment Center-type
test for Police Officer/ Trainee; and
WHEREAS, the Consultant has been working successfully with the City and DOJ to develop
tbe assessment center-type test; and
WHEREAS, DOJ has approved the use of such test; and
WHEREAS, the City desires to use such test and desires the Consultant to conduct the pilot
testing required by DOJ and desires the Consultant to administer, score, and report the results of
SIIC~ test.
Page 3
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
C()MMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Cxrmission of the City of Miami Beach, Florida, hereby authorize the Mayor and the City Clerk
tc e:(ecute a Second Amendment to the Professional Service Agreement between the City of
Miarli Beach and Burroughs and Rockhill, Inc. providing for Assessment Center Development and
V~lidation for Sergeant of Police and Lieutenant of Police; said amendment expanding the
A)reement to include conducting pilot testing and administering, scoring, and reporting the results
01' the Assessment Center-Type Test for Police OfficerlTrainee in an amount not to exceed
$114,500, and authorizing the City Manager to exercise the option of extending said Agreement in
all amount not to exceed $30,000, to meet any additional DOJ requirements.
PASSED AND ADOPTED this 7th day of
May
, 1997
ArTEST:
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CITY CLERK
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APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
~~
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
C::;ITY OF MIAMi BEACH
COMMISSION MEMORANDUM NO. ~
ro:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
May 7, 1997
.ROM:
Jose Garcia_pedrosl
City Manager . .
WAIVE, BY 517TH VOTE, COMPETITIVE BIDDING AND AUTHORIZE SECOND
AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT WITH BURROUGHS
AND ROCKHILL, INC., EXPANDING THE AGREEMENT TO INCLUDE PILOT
TESTING AND ADMINISTERING, SCORING, AND REPORTING RESULTS OF
ASSESSMENT CENTER-TYPE TEST FOR POLICE OFFICER/TRAINEE FOR
$64,500, AND AUTHORIZING CITY MANAGER TO EXTEND AGREEMENT UP TO
$30,000 TO MEET ANY ADDITIONAL DEPARTMENT OF JUSTICE
REQUIREMENTS
iUlIIJECT:
A DMINISTRA TION RECOMMENDATION:
It is recommended that the Mayor and the City Commission adopt the Resolution.
CONTRACT AMOUNT AND FUNDING:
Not to exceed $64,500, and an option for the City Manager to extend the Agreement up to
$~O,OOO. Funds are available from the Police Department's Professional Services budget, subject
tc OMB approval.
B I~CKGROUND:
Tle Federal District Court entered the Consent Decree between the City of Miami Beach and the
U'1it"3d States Department of Justice (DOJ), and includes the following items:
· Alleges that the City engaged in a pattern or practice of discrimination and that the written
examinations previously used by the City did not meet the criteria established under Title VII
of the Civil Rights Act and the EEOC Uniform Guidelines on Employee Selection Procedures
. Prohibits continued use of the City's previous written tests for Firefighter I and Police
OfficerlTrainee
· Allows the City to develop new tests and selection procedures
. Requires that the City conduct a job analysis and that new procedures be validated
. Requires that new procedures be developed in conjunction with DOJ and that the City.
contract with recognized experts
· Requires that DOJ approve the experts the City uses; the method of job analysis, validation,
and test and selection procedure development and administration; the types of tests and
selection procedures
Ir l\lay 1996, the City issued notices [Request For Proposals ("RFP") No. 103-95/96] to 16
plOfessional test development firms to develop, administer, and validate an Assessment Center
AGENDA ITEM
c.,3"
6:]..91
DATE
Page 2
u ldElr the Consent Decree for Police OfficerlTrainee. There was one proposal submitted, that of
Morris & McDaniel, Inc. ("Proposer").
rle Commission rejected the only proposal for reasons that included, but were not limited to, the
f( 1I0Ning:
· RFP stated the successful proposer would "give title of Assessment Center and all exercises
to be used by the City in any manner without any additional charge" ---- The proposer would
not comply
· Proposer did not complete and submit the required "Proposal Page" and the required
"Declaration" page included in the RFP (a routine part of all RFPs)
· RFP required proposer to itemize the discounts the City could receive ---- Proposer did not
give any discounts and did not include a per candidate price in addition to the base price
A '~AL YSIS:
R~ther than delay this crucial project by taking the time to prepare and issue another RFP to solicit
rr om proposals, the Commission expanded the Agreement of a previous successfully used
clim,ultant to provide these services. Through competitive bidding procedures, the City had
pi eviously entered into Professional Service Agreements with Burroughs and Rockhill as top-
rc nked proposer. In October 1995, the City contracted with Burroughs and Rockhill for
A;sE!ssment Center Development, Validation, and Administration for Sergeant and Lieutenant of
P >Iice and, in June 1996, for Fire Lieutenant and Captain.
P~r the Agreement, the work is being completed in accordance with the Consent Decree and will
hldp insure fair job-related selection procedures to select a diverse group of the most qualified
P >Iic.e OfficerlTrainees, and help protect the City against litigation under Federal law, especially
Ti:le VII of the Civil Rights Act. All work is being performed in compliance with all Federal, state,
alldocallaws, regulations, and guidelines, including EEO and ADA.
In order to contain the costs of test administration, the City has worked with the Consultant to
dnvelop the most cost effective quality test possible.
Q.~'IPLETION OF PERMANENT HIRING PROCEDURES: With the Consultant's help, the City
is ve'Y close to completing the permanent selection procedures for Police Officer. It is estimated
that these processes will be developed by September 1, 1997. The attached expanded
Alreement is necessary to finish this project, and to bring the Consent Decree to an end.
Tile ':onsultant is the best choice to finish this project in the final, but crucial stages, if we are to
shy on tract and avoid costly delays. This is based on several factors including the fact that the
C msultant::
. -1as worked with DOJ before
. IS familiar with the City and it's Police Department
. s a recognized expert in this field
. s developing and validating the Assessment Center-type test, and is a logical choice to
administer, score, and report the results of the test, since they are more knowledgeable of the
':est than anyone else could be
. 'Nas selected to develop the test after the only response to the RFP was rejected
. Jeveloped the concepts and details of the test which has been accepted by DOJ
Page 3
CO~,ICLUSION:
T1lrough work under the Agreement, the Consultant has obtained DOJ approval on the type of test
and methodologies, techniques, and procedures to be used. It is recommended that the Mayor
and City Commission adopt the Resolution to expand the Agreement with Burroughs and Rockhill,
In:. 1:0 proceed with the work DOJ has approved but which was not a part of the Agreement. This
w II clllow proceeding with the development of permanent selection procedures for Police Officer.
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SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
BURROUGHS AND ROCKHILL, INCORPORATED, FOR ASSESSMENT CENTER
D:VELOPMENT AND VALIDATION FOR SERGEANT AND LIEUTENANT OF POLICE; SAID
~MENDMENT EXPANDING THE AGREEMENT TO INCLUDE PILOT TESTING AND
ADMINISTERING, SCORING, AND REPORTING THE RESULTS OF THE ASSESSMENT
C!E",lTER-TYPE TEST FOR POLICE OFFICERlTRAINEE, IN AN AMOUNT NOT TO EXCEED
~li64,500, AND AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION OF
EXTENDING SAID AGREEMENT IN AN AMOUNT NOT TO EXCEED $30,000, TO MEET
ANY ADDITIONAL DEPARTMENT OF JUSTICE REQUIREMENTS
THIS SECOND AMENDMENT made this 7th day of May , 1997, by and between
th3 CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the "City", which
te"m shall include its officials, successors, legal representatives, and assigns, and Burroughs and
R )ckhill, Incorporated, hereinafter called the "Consultant".
The City wishes to extend said Professional Services Agreement to include pilot testing and
adm nistering, scoring, and reporting the results of the Assessment Center-Type Test in an amount
nCJt to exceed $64,500, and authorizing the City Manager to exercise the option of extending said
A)re:ement in an amount not to exceed $30,000, to meet any additional Department of Justice
requirements.
IN WITNESS WHEREOF, the parties hereto have caused this Extension to be executed
b,,r their appropriate officials, as of the date first entered above.
F)FI~ CITY:
ATTEST:
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CITY CLERK
F Jf;i: CONSULTANT:
W'IT\JESS:
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CITY OF MIAMI BEACH
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BURROUGHS AND ROCKHILL, INC.
By: ~"i. g;,~~t!
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
M~1Jflf- ~
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
TH:S FORM MUST BE SIGNED ANO SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO
ADI'IINISTER OATHS.
1.
This sworn statement is submitted to --rR-f
"/740W1ItJ L I '~Ck.H ( LL.
(print individual's name and title)
{IN 0;::- (VjlA-m ( ff6ACH
ill C~ PI2~S.:1 r)6.NT
by
for
NC
whose bus i ness address is I '7 S'7 W - [S(2Df..l DLJA'I s:Ti26./;T) S'U I TG. c..r:
DVlfE{)O . r::UJ/2 IDA :?,;}70J
,
and (if applicable) its Federal Employer Identification Number (FEIN) is S-q~ '5i7S"O'!-1
(If the entity has no FEIN, include the Social Security Number of the individual signing
st"tement: .)
this swom
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes.
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or of the United States, including, but not limited to, any bid or contract for goods or services
to be provided to any public entity or an agency or political subdivision of any other state or of the
United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or
material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes.
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of
gui l t, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of
guilty or nolo contendere.
4.
understand that an "affi l iate" as defined in Paragraph 287.133(1 )(a), Florida
Statutes. means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who
are active in the management of an affi l iate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling of equipment or income
among persons when not for fair market value under an arm's length agreement, shall be a prima
facie case that one person controls another person. A person who knowingly enters into a joint
venture with a person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
5. I understand that a "person" <:5 defined in Paragraph 287.133(1)(e), Florida Statutes. means any
natural person or entity organized under the laws of any state or of the United States with the legal power
to enter into a binding contract and which bids or applies to bid on contracts for the provision of
gocds or services let by a public entity, or which otherwise transacts or applies to transact business with
a ~ubl i cent i ty. The term "person" includes those off i cers, di rectors, execut i ves, partners,
sho,reholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked is true in relation
entity submitting this sworn statement. (indicate which statement applies.)
~ Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity have been charged with and convicted
of a public entity crime subsequent to July 1, 1989.
to
the
The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted
of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted
of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent
proceeding before a Hearing Officer of the State of Florida, Division of Administrative
Hearings and the Final order entered by the Hearing Officer determined that it was not in the
public interest to place the entity submitting this sworn statement on the convicted vendor
list. (attach a copy of the final order)
I: U~DERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIEO
I:N I'ARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31
IF fHE CALENDAR YEAR IN ~HICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY
IRIDR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
ilA~ FOR CATEGORY TWO OF ANY CHANGE IN THE INFOR'ATION CONTAINEO..'N THIS F~
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(Signature)
iTATE OF f:LOr2IO.A
:OU~TY OF S'fMl N6Lf
fl.1A Y ,)() 1 ,QQ7
(date)
'--oM PERSONALLY IAP~E~RED~EFORf~E '. ,t~e unders i gned authori ty,
_~'\y\td't> ~ ~o(.../'CJ.,.r.,dLl , who, after first being sworn by me, affixed
lig1ature ". l\ (l 0.1
in the space provided above on this ~~ day of \' l~ , 19 ~.
l~, ~~(jQQ~L'
~ '-) NOTARY P~LlC
~y :onmi ss i on Expi res: F -eV ::>, dOO \
his/her
:OR~ PUR 7068 (Rev. 12/21/95)
;',. .~*;:~~:';;:, STACY A. GOLENSKI
I.. [:(rtJ,,';'f:,-: MY COMMISSION /I CC 618707
I ;~'~l2 EXPIRES: February 3, 2001
l "'~.9f.:\~q,..' Bonded Thru NotalY Public Underwriters
DISABILITY NONDISCRIMINATION AFFIDAVIT
:ONTRACT REFERENCE POUCe.. Or:f'IC{-J2 T(lfl/tVEF.:: AS.'Sc.srIVlGN7 CNTR, T6.Sf
''JAME OF FIRM, CORPORA nON, OR ORGANIZATION r3Ut</l...OU0HS "'#- ROC~H( Ll, I Ne.
, ,
t\UTHORIZED AGENT COMPLETING AFFIDAVIT: f"'HtV~IAS L. ,QdCiLHlLL
PC'SITION V/(h PIZt..~'llJf..NT
[, _ /f-JC\414 S L. ~C/<=-H ( LL
PHONENUMBERC4q7 :?C,S-}o144--
, being duly first sworn state:
That the above named firm, corporation or organization is in compliance with and agrees to continue
:0 comply with, and assure that any subcontractor, or third party contractor under this project
::omplies with all applicable requirements of the laws listed below including, but not limited to, those
:Jrovisions pertaining to employment, provision of programs and services, transportation,
::ommunications, ar.cess to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 D.S.C.
12101-12213 and 47 D.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public
Se~vices; Title III, Public Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 D.S.C. Section 794.
The Federal Transit Act, as amended: 49 D.S.C. Section 1612.
The Fair Housing Act as amended: 42 D.S.C. Section 3601-3631.
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Signature
/nA'1 dO , fctC17
(
Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on iflf1.y Jo j (QCf7
n (Date)
by --=rB. 0;111,4 S l. 'I <1:)c.l4-{ ILL . He/She is personally known to me or has
(Affiant)
presented Jr<\VEr2.. LI CfNS6
(Type of identification)
as identification.
(Serial Number)
I~O"'~"'-"- - J
-"J~~:'\:'f::;!~:.. , ' ~T ACY A. GOLENSKI
'..' ,t" ',:, MY GOMMISSION # CC 618707
~',:.~.,~: EXPIRES: February 3 2001
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Kb. ~ i .kI0\
(Expiration Date)
Notary Public
,=\ 0 (\ clc..
(State)
Notary Seal
Th,: City of Miami Beach will not award a contract to any firm, corporation or organization that fails to complete and
submit this Affidavit with the firm, corporation or organization's bid or proposal or fails to have this Affidavit on file
with the City of Miami Beach.
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