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96-22021 RESO RESOLUTION NO. 96-22021 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 PROFESSIONAL SERVICES AGREEMENT WITH BURROUGHS AND ROCKHILL, INCORPORATED FOR ASSESSMENT CENTER EXAMINATION DEVELOPMENT AND V ALIDA TION FOR THE CLASSIFICATIONS OF FIRE CAPTAIN AND FIRE LIEUTENANT. Whereas, the City and the International Association of Firefighters are in agreement that Assessment Centers will be used as part of the promotional selection processes; and Whereas, the City issued Request for Proposal (RFP) Number 81-95/96 to solicit proposals for Assessment Center development and validation for Fire Captain and Fire Lieutenant; and, Whereas, Burroughs and Rockhill, Incorporated, were evaluated as the top-ranked proposer; and Whereas, the Administration was granted authorization at the June 5, 1996, Commission Meeting to negotiate a contract with Burroughs and Rockhill, Incorporated; and Whereas, the Administration has successfully negotiated a contract with Burroughs and Rockhill, Incorporated. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Commission hereby authorize the Mayor and the City Clerk to execute the attached Agreement between the City of Miami Beach and Burroughs and Rockhill, Incorporated, in consideration for an amount not to exceed $68,500 including all out-of-pocket and other expenses incurred by Burroughs and Rockhill, Incorporated. PASSED AND ADOPTED this 19th day of June , 1996. Attest: Seymour Gelber FORM APPRC"" ./ LEGAL Dr.:, ,', \<O~1- 1>O.h~ City Clerk, Robert Parcher JGP:RB:TCA:AJG:me f: humarovrn/cornm is. res/firelt&c. b96 By Date CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139' COMMISSION MEMORANDUM NO. 350 -9 ~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: June 19, 1996 SUBJECT: Jose Garcia_pedrosat City Manager A Resolution AUthO. ing the Exeeution of an Agreement with Burroughs and Rockhill, Inc., Pursuant to RFP No. 81-95/96 for Development and Validation of an Assessment Center for Fire Lieutenant and Captain Promotional Examinations FROM: ADMINISTRATION RECOMMENDATION: Approve the Resolution. CONTRACT AMOUNT AND FUNDING: $68,500 Funds are available from Fire Department's Professional Services Budget Account No. 011.1210.000312 BACKGROUND: The Administration received authorization at the June 5, 1996, Commission Meeting to enter into negotiations with the top-ranked proposer, Burroughs and Rockhill, Inc. (BRI) Negotiations were completed on June 10, 1996. BRI reduced its original fee proposal from $86,000 down to $68,500, which represents a 20% reduction in fees with no reduction in proposed services. CONCLUSION: The City and the International Association of Fire Fighters have agreed to use validated Assessment Centers as part of the promotional processes for Fire Lieutenant and Fire Captain. Utilization of validated Assessment Centers will help the City promote the most qualified candidates, while reducing the risk of litigation and of negatively impacting diversity. Therefore, it is recommended that the Mayor and City Commission authorize the Mayor and City Clerk to execute the Agreement with Burroughs and Rockhill, Inc. for the development of Assessment Centers for the classifications of Fire Lieutenant and Fire Captain. JGP:MDB:jf~. ~;C'~I"" yZ:"~ AGENDA ITEM cLD DATE~ CITY OF MIAMI BEACH PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH (CITY) AND BURROUGHS AND ROCKHILL, INCORPORATED, (CONSULTANT) FOR ASSESSMENT CENTER DEVELOPMENT AND VALIDATION FOR FIRE CAPTAIN AND FIRE LIEUTENANT THIS AGREEMENT, made this 19th day of June in the year of 1996, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the "City", which term shall include its officials, successors, legal representatives, and assigns, and BURROUGHS AND ROCKHILL, INCORPORATED, a consulting firm, hereinafter called the "Consultant" for consultant services as stated herein. -1- Agreement: City Manager: Consultant: Final Acceptance: Fixed Fee: SECTION 1 DEFINITIONS This written Agreement between the City and the Consultant. "City Manager" means the Chief Administrative Officer of the City. For the purposes of this Agreement, Consultant shall be deemed be independent to an contractor, and not an agent or employee of the City. "Final Acceptance" means notice from the City to the Consultant that the Consultant's Services are complete as provided in Section 4.8 of this Agreement. Fixed amount paid to the Consultant to allow for his costs and margin of profit. -2- Project Coordinator: An individual designated by the City Manager to coordinate, direct and review on behalf of the City all technical matters involved in the Scope of Work. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. Services: All services, work and actions by the Consultant performed pursuant to or undertaken under this Agreement described in Section 2. Termination: Termination of Consultant Services as provided in Section 4.9 of this Agreement. Task: A discrete portion of the Scope of Services to be accomplished by the Consultant, as described in Section 2 herein, if directed and authorized. -3- SECTION 2 SCOPE OF WORK AND SERVICES REOUIRED The Scope of Work for this project to be performed by the Consultant is set forth in the Request For Proposals No. 81-95/96 which is incorporated herein by reference (Attachment A) . SECTION 3 COMPENSATION 3.1 LUMP SUM FIXED FEE Consultant shall be compensated for the Services performed herein in an amount not to exceed a lump sum fixed fee of Sixty Eight Thousand Five Hundred Dollars ($68,500.00) for both the Fire Captain and Fire Lieutenant classifications, according to the fee schedule itemized in the Consultant's proposal (Attachment B) and amended fee proposal (Attachment C), incorporated herein by reference. -4- 3.2 METHOD OF PAYMENT 3.2.1 Monthly Payment Payment shall be made to the Consultant monthly pursuant to invoices submitted by the Consultant which detail percentage of completion of each task. Invoices shall be accompanied by a narrative progress report which supports the invoices, and shall contain a statement that the items set forth therein are true and correct and in accordance with the Agreement. Payments of such invoices shall be made within 30 days of receipt by City. SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONSULTANT Wi th respect to the performance of the Services, the Consultant shall exercise that degree of skill, care, efficiency, and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In its performance of the Services, the Consultant shall comply with all applicable laws, ordinances, and guidelines including but not -5- limi ted to applicable regulations and guidelines of the City, County, State, Federal Government, ADA, and EEO. BURROUGHS AND ROCKHILL, INCORPORATED, agrees to adhere to and be governed by all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327,42 U.S.C. 12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1973: 29 U.S.C. Section 794. The Federal Transit Act, as amended: 49 U.S.C. Section 1612. The Fair Housing Act as amended: 42 U. S. C. Section 3601-3631. BURROUGHS AND ROCKHILL, INCORPORATED, must complete and submit the City's Disability Non-Discrimination Affidavit (Affidavit) . In the event the Consultant fails to execute the -6- City's Affidavit, or is found to be in non-compliance with the provisions of the Affidavit, the City may impose such sanctions as it may determine to be appropriate, including but not limited to, withholding of payments to the Consultant under the Agreement until compliance and/or cancellation, termination or suspension of the Agreement in whole or in part. In the event, the City cancels or terminates the Agreement pursuant to this Section, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of the Consultant's breach of the Agreement. 4.2 PUBLIC ENTITY CRIMES State of Florida Form PUR 7068, Sworn Statement under Section 287.133 (3) (a) Florida Statute on Public Entity Crimes, (Attachment D) . 4.3 PROJECT MANAGEMENT The Consultant shall appoint a qualified individual acceptable to the City to serve as Project Manager for the Services who shall be fully responsible for the day-to-day activities under -7- this Agreement and who shall serve as the prlmary contact for the City's Project Coordinator. 4.4 TIME OF COMPLETION The Services to be rendered by the Consultant shall be commenced upon receipt of a written Notice to Proceed from the City subsequent to the execution of this Agreement, and Consultant shall adhere to the completion schedule as stated in the Consultant's proposal (Attachment B) on page 14. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or by any circumstances beyond the reasonable control of the Consultant, including weather conditions or acts of God which render performance of the Consultant's duties impracticable. Such extensions of time shall not be a basis for any claim by the Consultant for additional compensation, unless an extension is based on a delay caused solely by the City and is in excess of sixty (60) days. -8- 4.5 NOTICE TO PROCEED Unless directed by the City otherwise, the Consultant shall proceed with the work only upon issuance of a Notice to Proceed by the City. 4.6 OWNERSHIP OF DOCUMENTS AND EOUIPMENT All documents, including but not limited to test and test scoring data or programs stored electronically, prepared by the Consultant pursuant to this Agreement, are related exclusively to the Services described herein. They are intended or represented to be suitable for reuse by the City. 4.7 INDEMNIFICATION Consultant agrees to indemnify and hold harmless, the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic, or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omission or other wrongful conduct of the consultant, employees, or agents in connection with the Consultant's performance of Services pursuant -9- to this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgements which may issue from any lawsuit arising 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 the Consultant for performance of this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. The Consultant's obligation under this article shall not include the obligation to indemnify the City of Miami Beach and its officers, employees, and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees, and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.8 INSURANCE REOUIREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this Section has -10- been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the term of this Agreement and throughout the duration of this project the following insurance: 1. Consultant Professional Liability ln the amount of $1,000,000.00. For a claims made policy, the Consultant agrees to carry five (5) years tail coverage after work is completed, or maintain a comparable policy for five (5) years, provided that such comparable policy shall include coverage for prior acts effective from the date of execution of this Agreement. A certified copy of the Consultant's (and any subconsultants') Insurance Policy must be filed and approved by the Risk Manager prior to commencement. 2. Workers Compensation & Employers Liability as required per Florida statutes. 3. Thirty (30) days written notice of cancellation or substantial modification in the insurance coverages must be given to the City by the Consultant and his insurance company. 4. The lnsurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City'S Risk Manager. -11- 5. Original certificates of insurance for the above coverages must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall. 6. The Consultant is responsible for obtaining and submitting all insurance certificates for their consultants. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be 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, subject to the approval of the City's Risk Manager. 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, and 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 coverages. -12- Endorsements All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be given to the 4.8.1 City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. 4.8.2 Certificates Unless directed by the City otherwise, the Consultant shall not commence any services pursuant to this Agreement until the City has received and approved, in writing, certificates of insurance showing that the requirements of this Section (in its entirety) have been met and provided for. 4.9 FINAL ACCEPTANCE When the Consultant's Services have been completed, the Consultant shall so advise the City in writing. Final Acceptance shall not constitute a waiver or abandonment of any rights to remedies available to the City under any other Section of this Agreement. -13- 4.10 TERMINATION. SUSPENSION AND SANCTIONS 4.10.1 Termination for Default If through any cause within the reasonable control of the Consultant, the Consultant shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate the Services then remaining to be performed by giving written notice to the Consultant of such termination which shall become effective upon receipt by the Consultant of the written termination notice. In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports and other work products prepared by the Consultant and its subcontractors shall be properly delivered to the City and the City shall compensate the Consultant in accordance with Section 3 for all Services performed by the Consultant prior to Termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Consultant and the City may reasonably withhold payments to the Consultant for the -14- purposes of set off until such time as the exact amount of damages due the City from the Consultant is determined. 4.10.2 Termination for Convenience of City The City may, for its convenience, terminate the Services then remaining to be performed at any time by giving written notice to Consultant of such termination, which shall become effective seven (7) days following receipt by Consultant of the written termination notice. In that event, all finished or unfinished documents and other materials as described in Section 2 shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this Section, the City shall compensate the Consultant in accordance with Section 2 for all Services actually performed by the Consultant and reasonable direct costs of Consultant for assembling and delivering to City all documents. Such payments shall be the total extent of the City's liability to the Consultant upon a Termination as provided for in this Section. 4.10.3 Termination for Insolvency The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an -15- 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 4.10.2. 4.10.4 Sanctions for Noncompliance with Nondiscrimination provisions In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such Agreement Sanctions as the City or the State of Florida may determine to be appropriate, including but not limited to withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, termination or suspension of the Services, in whole or in part. In the event the City cancels or terminates the Services pursuant to this Section the rights and obligations of the parties shall be the same as provided in Section 4.10.2. 4.10.5 Changes and Additions Each such change shall be directed by a written Notice signed by the duly authorized representatives of the Consultant. Said Notices shall provide an equitable adjustment in the time of performance, a reallocation of the task budget and, if applicable, -16- any provision of this Agreement which is affected by said Notice. The City shall not reimburse the Consultant for the cost of preparing Agreement change documents, written Notices to Proceed, or other documentation in this regard. 4.11 ASSIGNMENT. TRANSFER OR SUBCONTRACTING The Consultant shall not subcontract, assign, or transfer his/her rights or obligations under this Agreement without the written consent of the City. When applicable and upon receipt of such consent in writing, the Consultant shall cause the names of the individuals or consulting firms responsible for the major portions of each separate specialty of the work to be inserted into the pertinent documents or data. The Consultant shall include in such subcontracts the appropriate versions of the Sections of this Agreement as are necessary to carry out the intent of this Agreement, as instructed by the City. 4.12 EOUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of age, ancestry, citizenship or intending citizenship status, color, disability, gender, marital status, -17- national origin, place of birth, race, religion, or sexual orientation. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their age, ancestry, ci tizenship or intending citizenship status, color, disability, gender, marital status, national origin, place of birth, race, religion, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. 4.13 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Metropolitan Dade County Conflict of Interest Ordinance (No. 72- 82), as amended, and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance -18- 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 therefrom. 4.14 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data and findings, shall be made available to the City for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Consultant or its employees or subcontractors. 4.15 NOTICES All communications relating to the day-to-day activities shall be exchanged between the Project Manager appointed by Consultant and the Project Coordinator designated by the City. The Consultant's Project Manager and the City's Project Coordinator -19- shall be designated promptly upon commencement of the Services. All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: BURROUGHS AND ROCKHILL, INC. 1757 West Broadway Street, Suite 5 Oviedo, FL 32765 (407) 365-7244 TO CITY: City Manager City of Miami Beach City Hall, 4th Floor 1700 Convention Center Drive Miami Beach, FL 33139 (305 ) 673-7010 WITH COPIES TO: Office of the City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Notices hereunder shall be effective: -20- If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.16 LITIGATION JURISDICTION Any litigation between the parties, arising of, or in connection with this Agreement, shall be initiated either in the court system of the State of Florida or the United States District Court for the Southern District of Florida. 4.17 ENTIRETY OF AGREEMENT This writing, the Request For Proposals, and Consultant's Proposal embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. The Request For Proposal and the Consultant's Proposal are hereby incorporated by reference into this Agreement to the extent that the terms and conditions contained in the Request For Proposal and the Consultant's Proposal are consistent with the Agreement. To -21- the extent that any term in the Request For Proposal or Consultant's Proposal is inconsistent with this Agreement, this Agreement shall prevail. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City Commission of the City of Miami Beach. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. 4.18 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 the City's liability for any such breach never exceeds the sum of Sixty Eight Thousand Five Hundred Dollars ($68,500.00). 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 maXlmum amount of $68,500.00 less the amount of all funds -22- actually paid by the City to Consultant pursuant to this Agreement. 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 $68,500.00 which amount shall be reduced by the amount actually paid by the City to Consultant pursuant to this Agreement, 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 contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28. -23- 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: ATTEST: By: 'Ro~~ f~ City Clerk, Robert Parcher FOR CONSULTANT: WITNESS: 4 J fi 1A " / -1(/,1 ~11/) " 7pJc~ AJG:me f: humarovm/contracslfirelt&c. bri CITY OF MIAMI BEACH ROCKHILL, ";? . - By: '---;r;:, ~ (- I(;.ct.(;e-{ ( Consultant fORM Apn'")rj'," . rl\l,.u LEGAL D~ By 11 ~ ~ Date ~)6.__.. -24-