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95-21791 ORIGINAL Reso i RESOLUTION NO. 95-21791 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 VALIDATION FOR THE CLASSIFICATIONS OF SERGEANT OF POLICE AND LIEUTENANT OF POLICE. Whereas, the current Fraternal Order of Police (FOP) bargaining agreement states that eligible applicants for the promotional examination for Sergeant and Lieutenant shall be given an Assessment Center evaluation for the second part of the testing process; and Whereas, the City issued Request for Proposal(RFP)Number 140-94/95 to solicit proposals for Assessment Center development and validation for Sergeant of Police and Lieutenant of Police; and, Whereas,Burroughs and Rockhill,Incorporated,were evaluated as the top-ranked proposer; and Whereas, the Administration was granted authorization at the September 27, 1995, 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 $124,900 including all out-of-pocket and other expenses incurred by Burroughs and Rockhill, Incorporated. PASSED AND ADOPTED this 25th day of October , 1995. Attest: y Clerk, Jac Lubin yor, Seymour Gelber FORM APPR ED JGP:TCA:GPL:ae Le al De t. By Date 10 18 cis CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 0&J S TO: Mayor Seymour Gelber and Members of the City Commission DATE: October 25, 1995 FROM: Jose Garcia-Pedrosa City Manager I SUBJECT: RFP NO. 140-9• ;'.,REQUEST FOR AUTHORIZATION TO EXECUTE THE AGREEMENT WITH BURR t 'GHS AND ROCKHILL,INC.FOR DEVELOPMENT AND VALIDATION OF AN ASSESSMENT CENTER FOR SERGEANT AND LIEUTENANT OF POLICE ADMINISTRATION RECOMMENDATION: It is recommended that the Mayor and the City Commission authorize the Mayor and the City Clerk to execute the Agreement with the top-ranked proposer, Burroughs and Rockhill, Inc., for Assessment Center examination development and validation for the classifications of Sergeant of Police and Lieutenant of Police. CONTRACT AMOUNT AND FUNDING: $124,900 (Not to exceed)Funds are available from Police Budget Account No.011.1130.000312 BACKGROUND: BACKGROUND SINCE SEPTEMBER 27, 1995,COMMISSION MEETING During the September 27, 1995, Commission meeting, the Mayor and the City Commission authorized the Administration to negotiate a contract with the top-ranked proposer, Burroughs and Rockhill, Inc., and, if the Administration was unable to reach closure with Burroughs and Rockhill, authorization was granted to negotiate a contract with the second ranked proposer,Morris and McDaniel,Inc. After authorization was granted,Jeff Bernstien addressed the Commission stating there might be a conflict of interest in that Burroughs and Rockhill, Inc.also provide tutoring services to applicants preparing to participate in employment and promotional examinations including assessment center format tests. The Commission requested that the City Attorney look into Mr.Bernstien's concerns. These issues were discussed by Murray Dubbin,Dean Mielke,and Human Resources staff. The City Attorney's first concern was whether the successful proposer responded to the Request For Proposals(RFP)and determined that it had. The City Attorney found no initial conflict of interest,but suggested that further inquiry would be advisable,as to other_ services provided by the successful proposer which could raise a question of propriety. Mr. Mielke met with Mr. Bernstien to afford him the opportunity to present any further concerns. Burroughs and Rockhill, Inc., wrote to the City Attorney and were contacted by telephone. It was the position of Burroughs and Rockhill, Inc.,that there was no conflict of interest and represented that: 1. Burroughs and Rockhill, Inc. has never provided any test preparation workshops for any City of Miami Beach employee 2. Burroughs and Rockhill, Inc.has never conducted test preparation workshops in any market in whichch they design,develop,and/or conduct promotional testing(and will not do so in Miami Beach) h) L A DA M DATE L0-)5-q ? • • 3. All new material and Assessment Center test exercises will be developed for the City after the Contract is awarded 4. In the opinion of Burroughs and Rockhill,Inc.,an individual would not have profited any more or less from attending one of their test preparation workshops versus having attended a workshop with any other firm 5. Part of this project is for Burroughs and Rockhill, Inc. to conduct a customized orientation session for all City of Miami Beach Sergeant and Lieutenant test applicants Based upon the above investigation, the City Attorney felt that an Agreement for Professional Services could be negotiated with the top-ranked firm,Burroughs and Rockhill,Inc. BACKGROUND PRIOR TO SEPTEMBER 27, 1995,COMMISSION MEETING The Current bargaining agreement by and between the City of Miami Beach and the Fraternal Order of Police(FOP) contains the following language: "Section 1 - Advancement to the ranks of Sergeant and Lieutenant shall be by examinations that measure the knowledge,skills and ability of personnel and by seniority. A promotional test will be given every eighteen(18)months. Section 2-Eligible applicants for the promotional examination for Sergeant and Lieutenant shall be given a two-part test,consisting of a validated,written examination...and an Assessment Center for the second part of the testing process." The City entered into a Professional Services Agreement with Dr.David Santisteban on March 31, 1995,to develop and validate the written tests for the Sergeant and Lieutenant of Police classifications. However,Dr. Santisteban does not develop assessment centers and, therefore, the City must contract with another testing firm in order to provide the assessment centers,as required by the FOP contract. Twenty specification packages ere mailed for this RFP,which opened on September 12, 1995,resulting in the receipt of five bids and three "No Bid" responses. All five responses were reviewed by a three(3)member RFP selection committee from the Testing and Recruitment Section of the Human Resources Department. The committee members were Adam Gross,Karen Hunter-Jackson(Affirmative Action Officer),and Gail Poe-Liu. ANALYSIS: "No Bid"responses were received from: Darany and Associates Miami-Dade Community College,North Campus Stanard&Associates,Inc. Proposals were received from five firms,all of which met the RFP criteria and were evaluated in the following rank order: 1. Burroughs and Rockhill,Inc.($124,900,including 5 days legal preparation-402 Points) 2. Morris&McDaniel,Inc.($262,343 -363 Points) 3. O'Leary Brokaw&Associates,Inc.($88,080 plus$500/day for individual face-to-face feedback for candidates: $200/hour to respond to appeals in writing-326 Points) 4. International Association of Chiefs of Police(IACP)($130,000 plus cost of individual face-to-face feedback sessions for candidates-319 Points) • 5. Management and Personnel Systems, Inc. (S148,000 plus $125/hour for travel;$150/day for challenges,appeals-297 Points) The proposals were evaluated in the areas noted in Attachment A,with Burroughs and Rockhill, Inc.being evaluated as the number one ranked firm for this project. The areas in which this firm excelled included overall proposal completeness,responsiveness,quality,clarity and presentation,experience of the firm and of the proposed project team, comparable scope,Sergeant and Lieutenant of Police experience with job analysis and assessment exercise development and validation, litigation history and experience,price and completion schedule. CONCLUSION: In order to comply with the Federal law and the FOP bargaining Agreement,an Assessment Center must be developed and validated for the Sergeant of Police and Lieutenant of Police classifications. Through the RFP process,the City received and evaluated five (5) proposals, with Burroughs and Rockhill, Inc. being the top-ranked firm. It is recommended that the Mayor and the City Commission authorize the Mayor and the City Clerk to execute the Agreement with Burroughs and Rockhill,Inc. for development and validation of an Assessment Center examination for Sergeant of Police and Lieutenant of Police. JGP:TCA:GPL:ses Attachment \humablMumuovm\gail-mem\bua roci 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 SERGEANT OF POLICE AND LIEUTENANT OF POLICE THIS AGREEMENT, made this 25th day of October in the year of 1995, 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- SECTION 1 DEFINITIONS Agreement : This written Agreement between the City and the Consultant . City Manager: "City Manager" means 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. Final Acceptance : "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 Fee : 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 REQUIRED The Scope of Work for this project to be performed by the Consultant is set forth in the Request For Proposals No. 140-94/95 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 One Hundred Twenty Four Thousand Nine Hundred Dollars ($124, 900 . 00) for both the Sergeant of Police and Lieutenant of Police classifications, according to the fee schedule itemized on page 16 of the Consultant ' s proposal (Attachment B) 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 With 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- limited 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 C) . 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 primary 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 (10) 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 in 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 insurance 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- 4 . 8 .1 Endorsements All of Consultant ' s certificates, above, 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. 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, citizenship 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 pay or 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 One Hundred Twenty Four Thousand Nine Hundred Dollars and no/100 ($124 , 900 . 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 maximum amount of $124 , 900 . 00 -22- less the amount of all funds 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 $124 , 900 . 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 . 4 .19 ARBITRATION Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question -23- of the costs of arbitration and all matters related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgement upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order of enforcement . Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, including any controversy or claim relating to the right to specific performance, shall be settled by litigation and not arbitration. -24- 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 ATTEST: JBy: BY: /No- _ _ ity Clerk, Jack Lubin r',, or, Seymour Gelber FOR CONSULTANT: BURROUGHS AND ROCKHILL, INCORPORATED WITNESS: By: ` Consultant GPL: ses FORM APPROVED gal Dept By Date wV4\a5 f:h um arovm/contracs/polib&ri -25- CITY OF MIAMI BEACH - CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 ATTACHMENT A OFFICE OF THE PURCHASING AGEN REQUEST FOR PROPOSALS NO. 140-94/95 1700 CONVENTION NTER DRIVE MIAMI BEACH, FLORIDACE 33139 TELEPHONE: (305)673-7490 PROJECT TITLE: ASSESSMENT CENTER SUNCOM: (305)933-7490 (305)673-7851 DEVELOPMENT AND VALIDATION FOR SERGEANT OF POLICE AND LIEUTENANT OF POLICE Sealed proposals for Professional Services of an Assessment Center Development and Validation firm, as per specifications and outline of scope of services,will be received by the Purchasing Agent of Miami Beach at the Purchasing Division office, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 2:00 P.M. on September 12, 1995. Original and six(6)copies of proposal shall be submitted. At this time and place, all proposals shall be publicly opened and recorded. Late proposals shall not be accepted or considered and shall be returned to the bidder unopened. A Pre-Proposal Conference will be held at 10:00 A.M. on August 29, 1995, in the Purchasing Conference Room, second floor of City Hall, and will provide proposers the opportunity to ask questions about the RFP and the City's requirements. If you have any questions regarding this Request for Proposals, contact the Purchasing Division at 673-7490. The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest of the City or to waive any informality in any proposal. The City may reject any or all proposals and re-advertise. CITY OF MIAMI BEACH AdL6-dc::)11 udith M. Ford Purchasing Agent GPL:cp RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 1 REQUEST FOR PROPOSALS NO. 140-94/95 TABLE OF CONTENTS • PAGE REQUEST FOR PROPOSALS 1 TABLE OF CONTENTS 2 DESCRIPTION OF SERVICES 4 I. GOAL 4 II. JOB ANALYSIS AND ASSESSMENT CENTER DEVELOPMENT 5 III. DOCUMENTATION, FOLLOW-UP AND GENERAL SERVICES 6 IV. COORDINATION WITH OTHER PROJECTS 8 CITY PROVIDED SERVICES 9 I. THE CITY WILL 9 II. THE HUMAN RESOURCES DIRECTOR SHALL 9 PROPOSAL SUBMISSION REQUIREMENTS 10 I. GENERAL REQUIREMENTS 10 II. PROJECT PLAN 12 SUBMISSION DEADLINE 14 + GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS 15 RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 2 TABLE OF CONTENTS (Continued) PROPOSAL EVALUATION AND SELECTION PROCEDURE 23 PROPOSAL PAGE 28 PUBLIC ENTITY CRIME STATEMENT 27 RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 3 DESCRIPTION OF SERVICES GOAL The purpose of the project is to conduct necessary job analyses; develop fair, valid, defensible, customized assessment centers; train and provide role players and assessors; score and analyze the results; respond to applicant challenges; establish passing scores; produce ordered registers of results; and validate the assessment centers. The above services will be conducted in a valid, reliable manner consistent with sound, currently accepted professional and legal methodologies. The above services will be provided for the Sergeant of Police and the Lieutenant of Police classifications. The experience of the firm and of the individuals shall include performing such job analysis and assessment services for equivalent sworn law enforcement classifications. The results of this process will be utilized by the City to select the most qualified and suitable individuals for the noted classifications. RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 4 • II. JOB ANALYSIS AND ASSESSMENT CENTER DEVELOPMENT - For each the Sergeant of Police and Lieutenant of Police classifications A. Task A-Job Analysis 1. Review and analyze existing job analysis(from 1993)for Assessment Center development and validation. 2. Conduct additional job analysis as deemed necessary to ensure Assessment Center is appropriate and valid and results are reliable. 3. Prepare complete detailed report documenting entire process including, but not limited to, all methodologies,rationales, procedures, and findings of job analysis B. Task B - Develop Assessment Center 1. Ensure that no person(s),other than those designated by the City Manager, shall have access to any information regarding the assessment exercises, concepts, development materials, response/performance guidelines, or any related materials. 2. Ensure that the assessment exercises have not been used and will not be used in whole nor 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 Assessment Center of three (3)exercises-the nature of which to be determined by the job analysis and agreed to by the City 4. Develop desired performance/responses for each assessment exercise and/or standards/criteria 5. Review and edit written 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 Assessment Center 7. Provide orientation sessions for all candidates including guidelines and descriptions of Assessment Center process RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 5 • JOB ANALYSIS AND ASSESSMENT CENTER DEVELOPMENT - Continued 8. Provide videotape and equipment (and backup) so that each participant is videotaped and operate during non-written assessment exercises 9. Print and deliver sufficient copies of each assessment exercise 10. Coordinate and administer Assessment Center process including site selection and scheduling 11. Select, provide lodging and transportation for, and train three (3) assessors per assessment exercise. Schedule assessors for videotape and written exercise evaluation 12. Determine appropriate 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. Provide and train role players, as needed. 16. Review and respond in writing to any applicant challenges, including justification of response 17. Give title of the 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 III. DOCUMENTATION. FOLLOW-UP. AND GENERAL SERVICES - For each the Sergeant of Police and Lieutenant of Police classifications • Tas A - Document, prepare comprehensive interim progress and final reports, and provide copies to the City of all materials, methodologies, rationales, individuals involved, and steps utilized to provide these services as well as a copy of all data obtained Task B Document that the assessment exercises are valid and reliable measurement instruments and that acceptable and defensible statistical and other methods were applied RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 6 • • 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 which might arise from providing the proposed services Task D - General Services 1. Remain available on an as-needed basis to answer any questions or 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 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 Assessment Center or evaluation methods or results 4. Maintain all raw job analysis and Assessment Center results and notes with respect to each individual evaluated for the time period 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 assessment exercises, procedures, results, and interpretations are valid, reliable, cross- cultural,and legally defensible for the purposes used 6. Submit a report summarizing and evaluating Assessment Center results through descriptive statistics, including an analysis by ethnicity/race, gender, and age showing adverse impact, if any, of each exercise and of entire Assessment Center and giving recommendations for future reduction of any adverse impact Task E - Document that the procedure used to combine Written Test and Assessment Center scores is valid and meets all required criteria RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 7 IV. COORDINATION WITH OTHER PROJECTS-For each the Sergeant of Police and Lieutenant of Police classifications The City has already contracted with another consultant to develop a Written Test which will precede the Assessment Center. Per Union contract,the examination process will be 35% Written Test and 65% Assessment Center plus seniority points. The successful proposer under this Request for Proposal will coordinate with the consultant who is developing the Written Test to ensure a valid, legally defensible, technically sound final overall product. RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 8 CITY PROVIDED SERVICES I. THE CITY WILL: A. Provide copies of the existing job analyses and other information requested B. At the Consultant's request, coordinate subject matter expert and other meetings involving City employees, coordinate distribution and return of employee questionnaires, and contact candidates regarding scheduling. II. THE HUMAN RESOURCES DIRECTOR SHALL: Designate a professional City employee in the Human Resources Department as a contact and resource person for the firm RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 9 PROPOSAL SUBMISSION REOUIREMENTS Qualified firms interested in providing the services described above are invited to submit a complete proposal for consideration. The proposal shall address how the proposer intends to meet the requirements of all items listed under"Description of Services"and those items listed below. Non- compliance with the list of requested items will be sufficient cause for non-acceptance of the proposal. The City also reserves the right to reject any and all proposals. Awards will be based upon the criteria provided in this entire request and will be made to respondents whose proposals are deemed by the City to be the most beneficial to the City and to its employees after all factors are considered. I. GENERAL REQUIREMENTS A. Identification of all staff members of the firm who will perform any work related to the proposed services,the tasks each will perform,and the experience, qualifications, and licenses of each; include any other data which would be pertinent in meeting the City's need for the proposed services B. Identification of all sub-consultants and other assistants who are to participate in the services including the respective tasks they are to perform and their experience, qualifications, and licenses C. Supporting statements indicating the firm is an equal opportunity employer. D. Each proposer is required to provide a lump sum fee which includes all fees, expenses, and/or payments to the firm during the contract for requested services including,but not limited to,the cost of all individuals to participate in or support the services; typing; printing; copying; phone calls; and other costs incidental to providing these services. The fee proposal must also include the discount the City would receive if the City performed any one, any combination of, or all of the following project tasks (if applicable): 1. provide rooms in which to conduct and evaluate assessment exercises 2. obtain and select assessors and/or role players 3. provide assessor travel, lodging and food RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 10 GENERAL REQUIREMENTS -Continued 4. supply video equipment 5. administer or assist in the administration of any or all assessment exercises Any proposed charges for special services(for example,expert witness appearances) which are not included in the lump sum fee should be detailed within proposal. For reference purposes only, it is anticipated that approximately 140 candidates will participate in the Sergeants Assessment Center and 35 candidates will participate in the Lieutenant's Assessment Center. E. Identification of Federal, state, and local laws, regulations, and guidelines and professional industry standards which will be taken into consideration in performing the services and what procedures will be employed to ensure adherence F. Identification of steps to be taken to prevent adverse impact, discrimination, challenges,and litigation, especially those concerning age, citizenship or intending citizenship status, color, disability, familial status, gender, marital status, national origin, race, religion, or sexual orientation, regarding each service to be provided; and to insure that all procedures/tools are job-related, reasonable, and defensible G. Identification of any problems you anticipate in providing the contemplated services as requested; and how you propose to resolve the problems H. If possible, samples of similar projects A time schedule outlining the period of time necessary for completion of all contract services required for this project. This will include, but not be limited to, the schedule for: 1. initiation of work after bid is awarded 2. completion of necessary job analysis 3. delivery and administration of Assessment Center a. both Assessment Centers must be ready by January 1, 1996 b. Lieutenant of Police assessment exercises administration must be completed in three(3) days or less c. Sergeant of Police assessment exercises administration must be completed in six(6)days or less RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 11 4. completion of scoring for each assessment exercise and establishment of a register of final scores 5. delivery of final reports and register of participants' overall examination results II. PROJECT PLAN A. Provide a complete detailed operational description of all proposed methodologies and procedures for carrying out the work and meeting the requirements of the RFP, including, but not limited to: 1. Communication and coordination with City personnel 2. Name and full description of each methodology to be utilized and reason(s) for selecting each. Include evidence that referenced methodologies and procedures have court tested or otherwise documented and demonstrated acceptance,reliability,and validity for intended use 3. Specific sequence of procedures to be used and the time frame associated with each procedure 4. Interim and final report format for each Task including narrative information to be provided. A sample report should be included 5. Identify the steps which will be taken to ensure that all assessment exercises are the proper complexity level, unambiguous, reasonable, fair, valid and defensible 6. Identify the summary or descriptive analyses or statistics which will be utilized and provided to the City, which may include, but are not limited to: a. reliability b. standard deviation c. standard estimate of error and/or measurement d. adverse impact,disparate treatment e: central tendencies(mean,median, mode) RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 12 f. difficulty and discrimination indexes• • g. others 7. Which of the above will also be reported by assessment exercise and/or subgroup such as ethnicity/national origin, gender, age, etc. B. Job Analysis 1. Describe the Job Analysis methodology to be used and explain how the functions will be conducted 2. Describe method of sampling for Job Analysis such as a. use of incumbents,supervisors, administrators, outside experts i. expected number of each and time needed ii. how to be selected iii. used for what purpose(s) b. types of tools to be utilized i. face-to-face interviews ii. observations iii. paper and pencil surveys iv. other tools 3. How will you prepare the above individuals to participate in the job analysis 4. What factors will you consider and what preparation will be made by the proposer prior to conducting interviews and/or surveys C. Assessment Exercises 1. What methodology and criteria will be used to select the appropriate types of assessment exercises 2. What methodology will be used to develop each assessment exercise and explain how the functions will be accomplished 3. What considerations and criteria will be used for establishing passing scores RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 13 • • 4. How will you determine if the assessment exercises include an appropriate and representative sample of the factors to be sampled and measured,and that they are correctly scored 5. To what extent must assessors agree on a participant's rating(s) D. Describe the validation methodology to be used • SUBMISSION DEADLINE Respondents shall submit original and six (6)complete copies of their proposal to the Purchasing Agent. Proposals shall not be accepted after 2:00 P.M. on September 12, 1995. Respondents selected by the City shall be prepared to present their proposals before a selection committee. If you have any questions regarding this Request for Proposals, contact Judith M. Ford, Purchasing Agent, 673-7490, weekdays between 9:00 A.M. and 5:00 P.M. The City of Miami Beach is an Equal Opportunity Employer. RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 14 ATTACHMENT B Assessment Center Development and Validation for Sergeant of Police and Lieutenant of Police Proposal No. 140-94/95 P77t-eit Prepared for: The City of Miami Beach Submitted By Burroughs & Rockhill, Incorporated 1757 W. Broadway Street, Suite 5 Oviedo, Florida 32765 (407) 365-7244 September 8, 1995 BURROUGHS&ROCKHILL,INC. leaders in Promotional Test Preparation September 8, 1995 Ms. Judith M. Ford Purchasing Agent of Miami Beach Purchasing Division Office 1700 Convention Center Drive Miami Beach, FL 33139 Dear Ms. Ford: Enclosed please find six copies of our proposal No. 140-94/95 entitled "Assessment Center Development and Validation for Sergeant of Police and Lieutenant of Police". We look forward to hearing the results of your competitive review process. Sincerely, tocu,,,, 4A-4-A-.P4-e-14- Wayne A. Burroughs, Ph.D President 1757 W. Broadway Street Suite 5 * Oviedo, Florida 32765 * (407) 365-7244 Table of Contents I. Letter of Transmittal 1 II. General Information, Organization, and Resources 2 A Background of Principals 3 B. Related Experience 4 III. Technical Statement of Work to be Performed A. Task A - Job Analysis 8 B. Task B - Develop Assessment Center 8 IV. Documentation, Follow-up and General Services 10 A Task A - Documentation of Progress B. Task B - Documentation of Assessment Process C. Task C - Court Appearances D. Task D - General Services E. Task E - Document Combining Written Test and Assessment Center Scores V. General Requirements 12 VI. Project Plan and Time Frames 14 VII. Project Costs 16 VIII. Appendix A: Resumes of Principals IX. Appendix B: Sample Reports A Sample Exercise Report B. Sample Final Report X. Apprendix C: Attachments A. Public Entity Crimes Form B. Fee Statement 1 I. Letter of Transmittal The consultant, Burroughs & Rockhill, Inc., hereby submits a proposal to provide professional services to the City of Miami Beach to develop, validate, administer, and score a promotional assessment center for the positions of Sergeant and Lieutenant of Police. Our design, development, and conduct of selection processes and assessment center activities meet the highest standards of validity pursuant to the "Guidelines and Ethical Considerations for Assessment Center Operations" issued by the Seventeenth International Congress on the Assessment Center Method and pursuant to the rules and procedures of the Equal Employment Opportunity Commission. Burroughs & Rockhill, Inc.'s experience as consultants to other organizations which have been legally challenged has allowed us to incorporate procedures into our professional services which meet these stringent requirements. We are proud that none of our selection programs, assessment centers, or other human resource management products and services has been challenged successfully in court. We clients will be minus to strive to ensure that any defense of these services on behnlf We have submitted this bid based upon the amount and quality of work specified within the scope of services, development steps, and project schedule contained herein. Burroughs & Rockhill, Inc. wishes to firmly express its willingness to cooperate fully with the City of Miami Beach in providing these services for the lowest cost opossible. The consultant remains willing and eager to discuss any feature of this prop required by the City. The consultant looks forward to providing the City high quality services within the human resource arena. Important features of our proposal include: • Written performance feedback report for each assessment participant • Experience with court expert witness testimony • Comprehensive orientation training of participants to reduce likelihood of controversy and challenge • A new and innovative approach to assessing police tactical skills which will be customized for Miami Beach and significantly reduces the labor intensity in scoring this type of exercise while increasing reliability of scores. Wayu-r 13(-4AA-erci-t-414- Wayne Burroughs, President —7:--/-ibry4.3-?or,e Lt Thomas Rockhill, Vice President 2 II_ General Information, Organization, and Resources This proposal is submitted by Burroughs & Rockhill, Inc. which is an independent consulting firm owned and operated by Wayne A. Burroughs, Ph.D. and Thomas L. Rockhill, M.S. These principals have joined together to submit this proposal because of their unique backgrounds, training, and consulting experience specifically related to this project. As noted below, all of these principals have extensive experience specifically related to this project. As practicing psychologists in the State of Florida, the principals are subject to the professional standards of the American Psychological Association, the Florida Psychological Association and the Florida State Licensing Board. Below is a brief summary of the professional credentials of the principals involved in this project. As will be seen in later sections of this proposal, all professional level work and the majority of all technical level work on all parts of this project will be accomplished by Burroughs & Rockhi11, Inc. principals. In addition, some technical level work and all clerical level work will be accomplished by competent associates. Burroughs & Rockhill, Inc. has participated in the following litigation: • New York City Police Department, 1984. The union challenge of the assessment center process was rejected by the State Court. The assessment center results stood. Dr. Burroughs was deposed regarding the overall design of the project and the content validity of all exercises used. Dr. Burroughs testified on behalf of the City (defendant) which won the case. • Metro-Dade County, Florida, 1989. The Progressive Officers' Club, an African American Police Officers' organization, challenged the results of an assessment center used for promotion to Police Lieutenant claiming adverse impact against African Americans. Dr. Burroughs was deposed on behalf of the defendant (Metro-Dade County) regarding all aspects of the assessment center system design and scoring. The court ruled in favor of the defendant. • Little Rock, Arkansas, 1991. The police union challenged the administration and scoring procedures used by the City of Little Rock for promotion to Police Lieutenant. Dr. Burroughs was deposed and testified in court for the plaintiff (police union). The court ruled for the plaintiff and the assessment center and scoring produces were significantly altered in Little Rock. • City of Cincinnati, 1993-4. A small group of participants challenged the simulation exercises which were developed by the consultant. The process was upheld in the Civil Service hearings, and the City prevailed in a lawsuit which followed. Dr. Burroughs and Mr. Rockhill were both deposed and assisted City attorneys in preparing briefs and arguments. 3 A. Background of Principals WAYNE A. BURROUGHS, president of Burroughs & Rorkhiil, Inc., is a Professor of Industrial/Organizational Psychology at the University of Central Florida in Orlando, Florida. Dr. Burroughs is responsible for the graduate level teaching and research in the Master of Science Program in Industrial/Organizational Psychology and the Doctor of Philosophy Program in Human Factors Psychology. He received his B.A. degree in Psychology from Wake Forest University and the M.A. and Ph.D. degrees from the University of Tennessee. He has co-authored several books designed for management development or popular application of psychology to problem solving in life settings. He has also contributed numerous articles to management and psychological journals in the areas of leadership, management selection and development, Assessment Center technology, and was formerly Vice President of Assessment Designs, Inc. In the summer of 1973 Dr. Burroughs became the youngest director ever appointed to manage Southern Bell Telephone Company's highest level Assessment Center, a position which he held for five years. THOMAS L. ROCKHILL, vice president of Burroughs & Rockhill, Inc., received his B.S. degree in Criminology from Florida State University and his M.S. degree in Industrial/Organizational Psychology from the University of Central Florida. From 1971 to 1981, he served as a police officer for the Orlando Police Department. From 1981 to 1988, he was a Lieutenant in the Orange County (Orlando, Florida) Sheriffs Office, commanding the Human Resource Section. There, he managed projects in job analysis, performance appraisal, assessment centers, training and career development. He also managed the recruiting and selection section for several years. He has consulted with police and fire departments, governmental agencies, and private sector companies on the design and conduct of human resource management projects. 4 B. Related Experience The consultants submitting this proposal have conducted similar projects for a large number of government agencies and private industrial concerns. A list of those clients includes the following organizations and projects. Bureau of Alcohol, Tobacco, and Firearms: Middle Management Assessment Center. Dr. Burroughs served as an external assessor and conducted assessor training activities for this project accomplished by Assessment Designs, International. 1980. Contact: Craig Taylor, Wilson Learning - Orlando (407) 788-8300 New York Police Department: Lieutenant Assessment Center. Dr. Burroughs worked as a project consultant on the specific design of the Written Technical Examination done by Assessment Designs, International. Spring, 1982, Contact: Craig Taylor, Wilson Learning - Orlando (407) 788-8300 Orange County (Orlando, Florida) Sheriffs Office: Dr. Burroughs has been the primary consultant to the O.C.S.O. since the inception of their Assessment Center Program in the Spring of 1982. The planning, job analysis, assessment center design, simulation design and development, implementation, assessor training, feedback process, and final report writing have been accomplished or supervised by the principal consultants. Mr. Rockhill had the responsibility to oversee the process as the commander of the Human Resource Section until he joined Burroughs & Rockhill, Inc. in the Fall of 1988. In this capacity, Mr. Rockhill was also responsible for the development and supervision of the Police Officer/Trainee selection system. The principals were primarily responsible for the following selection systems: Sergeant Assessment Centers -- Spring, 1982; Fall, 1983; Spring, 1985; Fall, 1986; and Spring, 1988. All included the design and development of multiple choice technical knowledge examinations, multiple choice simulations (In- Baskets), and full simulations (including the videotaping and assessment of interactive role-playing simulations). 5 Lieutenant Assessment Center -- Summer, 1988. Included the design and development of multiple choice technical knowledge examinations, multiple choice simulations (In-Baskets), and full simulations (including the videotaping and assessment of interactive role-playing simulations). Captain Assessment Center -- Spring, 1991. Included the design and development of multiple choice technical knowledge examinations, multiple choice simulations (In-Baskets), and full simulations (including the videotaping and assessment of interactive role-playing simulations). Contact: Andrea Undieme Human Resource Development, P. O. Box 11'10, Orlando, FL 32802 (407) 836-4030 Gainesville (Florida) Police Department: Burroughs & Rock,} , Inc. has been the primary consultants to the Gainesville Police Department since 1988. The same services and products were provided to the G.P.D. as were provided to the Orange County Sheriffs Office, including job analyses. The principals were responsible for conducting these Assessment Centers: Lieutenant Assessment Centers -- Spring, 1988 and Summer, 1990. All included the design and development of multiple choice technical knowledge examinations, multiple choice simulations (In-Baskets), and full simulations (including the videotaping and assessment of interactive role-playing simulations). Corporal and Sergeant Assessment Centers -- Summer, 1989. All included the design and development of multiple choice technical knowledge examinations, multiple choice simulations (In-Baskets), and full simulations (including the videotaping and assessment of interactive role-playing simulations). Contact: Sylvia Hill GPD, 721 N. W. 6 Street, Gainesville, FL 32602 (904) 334-2422 Citrus County (Florida) Sheriffs Office: Emergency Management Director Assessment Center -- Spring, 1990. Including the design and development of full simulations (including the videotaping and assessment of interactive role-playing simulations). Contact: Bonnie White 1 S. Park Avenue, Inverness, FL 32650-4994 (904) 726-4488 6 City of Orlando (Florida) Police Department Sergeant Assessment Center -- 1990. Including the design and development of multiple choice simulation exercise. Sergeant Assessment Center - 1995. Included the design and development of a structured response tactical exercise. Contact: Deonda Scott City of Orlando, 400 S. Orange Avenue, Orlando, FL 32801 (407) 246-2061 Hollywood (Florida) Police Department: Lieutenant Assessment Center -- Summer, 1992. Including the design and development of full simulations (including the videotaping and assessment of interactive role-playing simulations). Contact: Joseph Roglieri, Chief Test Examiner City of Hollywood, 2600 Hollywood Blvd., Room 203, Hollywood, FL 33022 (305) 921-3298 Recent Court Expert Witness Testimony: Metro-Dade County (Miami, Florida) Police Department -- 1989 Little Rock, Arkansas Police Lieutenant Assessment Center -- 1992 Cincinnati, Ohio District Fire Chief Assessment Center - 1993-4 7 Other H. R. Services/Clients The consultants have also performed assessment center and other human resource consulting activities for the following law enforcement and government agencies. Any of these references can provide information regarding Burroughs & Rockhill, Inc.' responsiveness, quality of work, ability to provide services and products within the client's resources, and timeliness of delivery. Organization Contact Person Palm Beach County Linsey Craig (407) 837-2105 City of Orlando Police Department Deonda Scott (407) 246-2061 Hillsborough County Sheriffs Office Major Al Perotti (813) 247-8198 Citrus County Sheriffs Office Director Bonnie White (904) 726-4488 8 III. Technical Statement of Work to be Performed GOALS OF PROJECT It is understood that the City of Miami Beach requires that the consultant conduct necessary job analyses; develop fair, valid, defensible, custom assessment centers; train and provide role players and assessors; score and analyze the results; respond to applicant challenges; establish passing scores; produce ordered registers of results; and validate the assessment centers for the ranks of Police Sergeant and Police Lieutenant. It is also understood that the results of these processes will be used by the City of Miami Beach to select the most qualified and suitable individuals for these two Police ranks. A. Task A - Job Analysis Burroughs & Rockhill, Inc. (BRI) will carefully review the existing job analysis data gathered in 1993. It is anticipated that it will not be necessary to conduct full scale job analyses for the two ranks because of the recency (1993) of the job analysis data. In addressing the question of how often a job analysis report should be repeated for Police Lieutenant in the city of Little Rock, Arkansas, the judge in the case ruled that a job analysis which was 4 l years old was recent enough to capture meaningful and accurate job information. Therefore, we expect it will be necessary to create two Subject Matter Expert (SME) panels to review the 1993 job data and update and edit it to ensure that the information is thorough and accurate. After these panel reviews, detailed written reports will document the methods used to ensure that the job information meets the strictest standards for accuracy and completeness. Capturing this information is extremely important because it serves as the basis for establishing the content validity of the assessment center process. B. Task B - Develop Assessment Center It is understood that no person other than those designated by the City Manager will have access to aov information regarding the assessment process. Furthermore, it is agreed that all exercises have not been and will not be used in whole or in part by any other client or agency without written agreement between the City and BRI. The assessment centers for each rank will consist of three completely different exercises for each rank (a total of six unique exercises). The job analysis information will dictate the nature and content of all exercises. Each exercise will be accompanied by detailed lists of behaviors to be used in the process of evaluating candidates responses. All materials will be reviewed and edited to ensure freedom from errors, ethnic, gender or other bias. 9 The assessment center will be validated by using SME panel judgments in accord with Lawshe's Content Validity approach. This statistical approach quantifies content validity and has been widely accepted by assessment center professionals and the courts as an effective means of establishing the validity of any assessment center. This approach is also congruent with all federal regulations regarding the documentation of content validity. All candidates will have the opportunity to attend detailed, thorough orientation sessions at least two weeks prior to assessment. Our experience tells us that rigorous orientation sessions alert candidates to the important skills to be measured, allay fears of the unknown, reducing error variance in their responses thus providing more accurate measures and reduce the number of misunderstandings and challenges to the process. This is a very important activity and it must be done well. BRI proposes that each orientation session be scheduled for a three hour time block. This allows thorough review of the skills list, practice with "mini" simulations similar to the actual assessments and plenty of time to answer all questions and concerns of the candidates. Burroughs & Rockhill, Inc. will assume all responsibility for providing all exercise materials, video equipment (and backup) as necessary and will coordinate and administer the entire assessment center process. We will also select experienced assessors (3 per exercise) and provide thorough training for all assessors for the customized Miami Beach process. BRI will determine the passing score in consultation with the city Subject Matter Expert panel. We will also provide written feedback to every candidate and one-on-one feedback upon request to each candidate who desires it. In addition, BRI will select and train required role players, provide written responses to challenges and give title of the assessment center and its contents exclusively to the City. 10 IV. Documentation, Follow-up and General Services A. Task A - Documentation of Progress BRI will provide interim progress reports at agreed upon significant milestones in the project. These reports will include specific information on all pertinent characteristics of the project including materials, methods, rationale, steps, copies of data and lists of all Subject Matter Experts involved. B. Task B - Documentation of Assessment Processes BRI will document all evidence of content validity of the process as well as reliability data on all exercise evaluation procedures. All statistical processes used will be court defensible and meet the highest professional standards. C. Task C - Court Appearances BRI has extensive experience in preparing documentation and testimony before courts and regulatory authorities. Although none of our assessments has been successfully challenged, BRI hat provided expert testimony in number of cases. We will provide these services as necessary for both the Sergeant and Lieutenant assessment centers. D. Task D - General Services BRI will be available as needed to provide the following services related to this project: • answer questions or clarify individual results • provide written material and training to city personnel to facilitate the use of assessment center results • represent the city in responding or testifying regarding any part of the process • maintain raw data • ensure reliability and validity of the process • provide reports regarding adverse impact statistics and recommend procedures in advance to reduce adverse impact 11 E. Task E - Document combining Written Test and Assessment Center Scores In order to ensure that the Written Test will count 35% and the Assessment Center Scores plus seniority 65%, BRI will convert all raw scores to Z scores so that these exact weights are obtained. As the Little Rock court case determined, this is the only way to make certain that the prescribed weights actually occur in the derivation of final overall scores used for rankings of candidates. In fact if Z scores or standard scores are not used, the City will be extremely vulnerable to challenges. In Little Rock, the court ruled that the City's failure to use a standard score approach meant that the City had to totally revise the promotion list using Z scores. 12 V. General Requirements Burroughs & Rockhill, Inc. is an equal opportunity employer fully aware and supportive of the uniform guidelines and federal, state and local laws pertaining to discrimination against protected classes under the law. Assessors chosen to work on this project will represent culturally diverse groups with regard to race, ethnicity and gender. All project management activities will be performed by Wayne Burroughs and Thomas Rockhill, the two principals in Burroughs & Rockhill, Inc. Administrative and office support will be provided by Debbie Rockhill. Debbie Rockhill, received her B.S. degree in Community Service Counseling from Wayne State College in Nebraska. From 1981 to 1985 she was a Selections Specialist/Personnel Selections Supervisor for the Orange County (Orlando, Florida) Sheriffs Office in the Recruiting and Selections Section. She has been employed in an administrative position with Burroughs & Rockhill, Inc. since 1993. Please see Appendix A for resumes of the principals. Numerous federal, state and local laws, regulations and guidelines are relevant to this project. Among these are the Civil Rights Act of 1964 Title VII, EEO Act of 1972, Americans with Disabilities Act, Civil Rights Act of 1991, The Uniform Guidelines, The Professional Standards adopted by the seventeenth annual International Congress on Assessment Centers and any local agreements in the City of Miami Beach. BRI has extensive experience in designing and implementing assessment centers which meet the highest level of professionalism and ensure adherence to these guidelines and laws. Specific steps to be taken to prevent adverse impact, discrimination, challenges and litigation include: • ensuring thorough and accurate job information • preparation of documentation in the form of matrices which link job data to the dimensions (skills) list • documentation of matrices which link the dimensions list to the exercise content • use of Lawshe's Content Validity Ratio and Index • careful consideration of all time limits used in all exercises • full representation of protected class members on SME panels • full representation of protected class members on assessor teams • full scale and thorough orientation of candidates to ensure their advance understanding of all procedures • written feedback to all candidates • one-on-one feedback to those who request it following receipt of their written report • use of court defensible (required) Z score procedures to combine Written Test and Assessment Center scores • use of experienced well trained assessors and role players • full documentation of all meetings and procedures followed 13 No particular problems are anticipated in the design or implementation of this project. We feel very comfortable and well qualified to carry out the project as requested. Insurance: The consultant currently possesses the following types of insurance: Type Amount/Occurrence Comprehensive General Liability $1,000,000 Manufacturer's & Contractor's Liability $1,000,000 Owner's, Landlord's, & Tenants Liab. $1,000,000 14 VI. Project Plan and Time Frames Project activities will begin immediately after the contract has been awarded. Below is a schedule of the major project activities and deliverables. Time Frame for Completion Activity/Deliverable After Contract Award Project Planning Meeting Week 1 Review existing job data Week 2 Schedule SME panels to update/verify job data Week 2-3 Prepare/Deliver Job Data Report Week 4 Develop Six Exercises Week 4-11 • develop performance responses (and prior to Jan. 1, 1996) • review/edit • validate assessment center (SME panels) Administer Exercises Week 12-13 • 3 days or less: Lieutenant • 6 days or less: Sergeant Train Assessors Week 13 Evaluate Exercises Week 13-14 Determine Passing Score/Prepare Results Week 15-16 Provide Results and Written Feedback Week 17 Provide one-on-one Feedback Week 17-18 Respond to Challenges Week 17-18 Provide All Summary Data and Documentation Week 19-20 15 All steps in the Project Plan will be accomplished with on-going communication between BRI and designated city personnel. All procedures used in panel meetings, exercise design, administration of the assessment centers, orientation of candidates, combining scores, reporting scores, establishing the passing score, quantifying content validity, documenting reliability and providing feedback will be accomplished utilizing our extensive experience with professionally accepted and court recommended procedures which will be thoroughly documented to ensure our readiness to answer all challenges. Also, information gathered in panel meetings ensures that SMEs help guide the design of all exercise material as well as the accurate gathering of job information. The job information includes knowledge, skills, abilities and other characteristics (KSAOs). Equally important is the job context in which the use of these KSAOs to accomplish the tasks and functions of the job occurs. All exercise materials will be edited until the SME panels are satisfied with all aspects of the assessment center materials. Descriptive statistics regarding the assessment center will include reliability (inter- rater agreement) of ratings, content validity of the exercises (Lawshe's Content Validity Ratios and Indices), mean, standard deviation and standard error of estimate for protected classes (as numbers permit). Item difficulty and discrimination indices are most relevant to the Written Test but may be appropriate for the Assessment Center depending on what types of exercises are chosen for development. Appropriate statistics will be reported by exercise. In developing exercises, SME panel judgments will be considered for the design of the exercise context (type of exercise). The criteria used for these determinations include the relevance of each situation to on-the-job settings, the appropriateness of task difficulty in the context and the prior experience of all candidates to have become familiar with a particular context (e.g. a scenario involving a hostage might provide an unfair advantage to those candidates with SWAT team experience). In designing exercises, the "test budget" methodology is used to ensure that every item or portion of an exercise is linked to specific behaviors in the skills (dimension) list. This methodology requires extensive planning and caution on the part of the designer and also leads to high quality exercises that clearly measure the intended target behaviors. Passing scores will be determined by consideration of performance relative to an absolute standard of acceptability and consideration of practical information such as the anticipated number of promotions off the list. In terms of scoring, BRI personnel will supervise team meetings of assessors to ensure consistency of standards and all three assessors on the team must be within 1 scale point for consensus to be reached. 16 VII. Project Costs BRI assumes in this cost proposal that the City will agree to provide reciprocal assessors to those agencies from which we recruit assessors for this project. In other words, we plan to reimburse our assessors for travel and per diem expenses while their agencies pay their normal salary. The City of Miami Beach would reciprocate assessors in the future. If this assumption cannot be met, then the cost would increase by $22,800. Also, our price includes up to five days of legal preparation/testimony. Additional time if necessary would be billed at $200.00 per hour. Lump Sum Cost of Project $124,900* Discounts if city provides: • Rooms to conduct exercises $1,800 • Obtain assessors and role players $1,250 • Provide assessor travel, lodging and food $10,200 • Supply Video equipment $900 • Assist in Administration $900 * This fixed lump sum cost covers assessment of up to 140 candidates for the rank of Police Sergeant and up to 35 candidates for the rank of Police Lieutenant. Additional candidates would be assessed at an additional cost of $675.00 each. VIII. Appendix A: Resumes of Principals Resume WAYNE A. BURROUGHS, Ph.D. EDUCATION: Institution: The University of Tennessee Degree: M.A., Ph.D., Industrial Psychology Dates: September, 1965-August, 1969 Institution: Wake Forest University Degree: B.A., Psychology Dates: September, 1961-June, 1965 PROFESSIONAL EXPERIENCE: Professor, Industrial/Organizational Psychology Psychology Department University of Central Florida Orlando, Florida September, 1969 to present (9 month annual appointment) Responsible for teaching undergraduate courses in Applied Psychology, Social Psychology, Applied Leadership, Training and Psychology of Racial Prejudice. Also responsible for teaching graduate courses in Motivation, Training and Performance Appraisal, Selection, Organizational Psychology, Ethics and Assessment Centers. Other responsibilities include the supervision of graduate practicum placements and thesis research projects, coordination and administration of the M.S. Program in I/O Psychology and carrying out of on-going research projects in human resource management areas. CONSULTING ACTIVITIES: Consulting activities for the following organizations have dealt with the design and implementation of assessment centers and the delivery of management development programs in the areas of leadership, motivation and performance appraisal. Coca-Cola, U.S.A. American Telephone and Telegraph Federal Mogul Corporation Southern Bell Telephone Company South Central Bell Telephone Company Federal Aviation Administration Allstate Insurance Company Institute for Minority Business Education Ford Motor Company U.S. Civil Service Commission Canadian Civil Service Commission U.S. Department of Agriculture U.S. Food and Drug Administration Province of Saskatchewan, Canada Province of Prince Edward Island, Canada U.S. Department of Agriculture National Highway Traffic Safety Administration Orange County Sheriffs Office Southeast Law Enforcement Institute Orlando Police Department Detroit Tigers Baseball Club New York Mets Baseball Club Metropolitan Life Insurance Company BUSINESS ACTIVITIES: Vice President and Co-Founder Assessment Design, Inc. Maitland, Florida September, 1973 - December, 1977: Designed and implemented assessment centers and created and implemented human resource management programs to enhance managers' skills. RESEARCH PUBLICATIONS AND PRESENTATIONS: Over fifteen research articles have been published and more than thirty presentation have been made to professional audiences regarding the assessment and development of human resources. Resume THOMAS L. ROC KHILL VITA Burroughs & Rockhill, Inc. 1757 W. Broadway Street, Suite 5 Oviedo, Florida 32765 (407) 365-7244 2139 Pimlico Street Orlando, Florida 32822 (407) 277-2098 EDUCATION Institution: University of Central Florida Degree: M.S., Industrial/Organization21 Psychology Dates: September, 1984 - May, 1989 Institution: Florida State University Degree: B.S., Criminology Dates: September, 1967 - December, 1970 Institution: Orlando Junior College Degree: Associate in Arts Dates: September, 1965 - August, 1967 PROFESSIONAL EXPERIENCE Vice President Commander, Human Resources Burroughs & Rockhill, Inc. Orange County Sheriffs Office 1757 W. Broadway Street, Suite 5 2400 W. 33rd Street Oviedo, Florida 32765 Orlando, Florida 32809 October, 1988 to Present 1981 to 1988 Police Officer Orlando Police Department 100 South Hughey Avenue Orlando, Florida 1971 to 1981 SELECTED ACHIEVEMENTS • Managed recruiting, selection, and personnel units during growth of organization from 800 to over 1600 employees. • Recruited employees for positions ranging from clerical to managerial. • Developed and implemented pre-employment and in-house selection procedures and tests for the OCSO and other law enforcement clients throughout the State of Florida. • Performed needs analyses (conducting and interpreting job analyses), designed, developed, delivered and evaluated training to improve organizations' supervisory skills and productivity. • Delivered management training to numerous organizations in the public and private sectors. • Consulted with organizations in the areas of performance appraisal and testing and development • Commanded county-wide law enforcement functions as Watch Commander. • Performed salary/benefit administration, policy and procedure development, employee counseling, and E.E.O./affirmative action activities. • Negotiated union contracts, managed grievances, and practiced union avoidance techniques. • Managed and developed a comprehensive human resource development program for 260 participants featuring multiple career tracks, efficiency and productivity incentives, and pay-for-performance tying together organizational objectives, performance appraisal, and training. IX. Appendix B: Sample Reports Sample Exercise Report SAMPLE P. D. LIEUTENANT ASSESSMENT CENTER EMPLOYEE DISCUSSION EXERCISE ASSESSOR CHECKLIST Candidate: Assessor: Assessing Team: Instructions: Each assessing team will view the candidates' performances on video tape. Each assessor will take notes and categorize behaviors into skill areas. Each assessor will independently assign positive or negative ratings to each checklist behavior statement based upon the exercise notes. Next, each assessor will independently assign a numerical rating to the overall skill category. Consensus is then determined. Use the following notation to indicate the degree of positive or negative performance exhibited by the candidate relative to each checklist item for each skill based on what you observed him/her do in this exercise. +++: Extremely Positive Performance Extremely Negative Performance With Respect to the Behavioral With Respect to the Behavioral Statement Statement ++: Very Positive Performance With --. Very Negative Performance With Respect to the Behavioral Respect to the Behavioral Statement Statement +: Slightly Positive Performance Slightly Negative Performance With Respect to the Behavioral With Respect to the Behavioral Statement Statement 0: Unobserved Use the following rating scale to evaluate the overall performance exhibited by the candidate on each individual skill category measured by the exercise based on what you observed him/her do in this exercise. 7 - Outstanding 3 - Less than Satisfactory 6 - Far More than Satisfactory 2 - Far less than Satisfactory 5 - More than Satisfactory 1 - Weak 4 - Satisfactory 0 - Not Observed The area immediately following each item is provided for the assessor to write in critical behaviors exhibited by the candidate that prompted the assessor to assign that rating to that item. It is important for the assessor to write down the respective observed behaviors, especially if the rating is extraordinary in any way. Copyright(0 1995-Burroughs&Aoddu7l,Inc (407) 365-7244) -All rights reserved LEADERSHIP Rating. This is taking charge; directing courses of action; providing guidance and feedback to subordinates in meeting goals and objectives; ensuring compliance with standards and encouraging confidence and pride in work; assigning and delegating work with appropriate guidelines and follow-up; observing, monitoring, controlling, and supervising others. To what extent did the candidate: 1. Establish goals for the meeting (e.g., to provide performance information) vs. provided few or no goals for the meeting? 2. Assume control of the meeting (e.g. introduced and steered topics, initiated and ended meeting) vs. provided no structure for the meeting? 3. Establish guidelines for the sergeant to follow toward improving his/her and his/her squad's performance (e.g., set necessary goals, provide feedback) vs. did not provide guidance for performance improvement? 4. Solicit information, suggestions, and opinions from the sergeant in order to obtain additional data for decision-making purposes vs. failed to gather additional verbal information? 5. Initiate actions to expedite decisions made vs. made no plans to start procedures for improvement? 6. Develop procedures for monitoring the sergeant's performance (e.g., set future meetings to discuss performance) vs. did not establish a means of monitoring the progress of activities? Copyright®1995-Burroughs&Rockall, Inc (407) 365-7244) -All rights reserved 7. Ensure that definite action/developmental plans were agreed upon vs. made decisions without checking for buy-in or understanding from the sergeant? 8. Promise assistance/support to the sergeant in achieving objectives vs. did not offer support for the decisions agreed upon. 9. Establish specific follow-up meetings or calls (e.g., date, time, place) vs. did not make provisions for any follow-up activities) 10. Provide a supportive atmosphere for the sergeant and conducted the meeting with a helpful, mutual problem-solving approach vs. was demanding of the sergeant and faded to express confidence in the sergeant? 11. Other Behaviors: Additional Comments: Copyright®1995-Burroughs&Rockhll,Inc_ (407) 365-7244) -All rights reserved JUDGMENT Raring. This refers to malting sound and logical decisions; applying principles to solve practical problems; determining when to contact superiors and what to tell them; drawing valid conclusions from available information; making reasonable assumptions. To what extent did the candidate: 1. Make logical decisions/recommendations, using appropriate data (e.g., performance appraisal information) vs. made decisions that were not based on the available data? 2. Consider and present all sides of an issue when making a decision vs limited recommendations to one point-of-view. 3. Generate alternative courses of action for Sergeant Dixon to pursue vs. did not make provisions for varying circumstances? 4. Give more weight to some information than other information (e.g., gave more weight to performance appraisal trends) vs. inappropriately gave more attention to less important information? 5. Logically integrate new information to provide further support for his/her recommendations vs. did not aclmowledge new information? 6. Emphasize data which supported his/her decisions/recommendations (e.g., used the memos) vs. made recommendations without stressing pertinent and relevant information? Copyright O 1995 -Burroughs&Rcrkhll,Inc. (407) 365-7244) -All rights reserved 7. Consider the ramifications of decisions made (e.g., not setting goals might lead to less control) vs. made hasty judgments without regard to the consequences? 8. Other Behaviors: Additional Comments: Copyright O 1995-Burronghc&Rcrkhill,Inc. (407) 365-7244) -All rights reserved Pr"RCEPDON Rating: This is identifying, understanding, and integrating information related to a situation or problem; gathering information and investigating situations; observing and recording facts; evaluating information objectively and completely; and identifying problems and needs. To what extent did the candidate: 1. Accurately perceive the basic nature of the task (i.e., to provide performance and developmental feedback) vs. did not understand what was expected of him/her in the task? 2. Perceive and integrate related materials (e.g., past performance consistencies) vs. failed to understand relationships between items? 3. Identify appropriate implications beyond the available data (e.g., that Sergeant Dixon needs to be recognized) vs. concentrated only on the data available? 4. Perceive the need to compromise when appropriate vs. did not perceive the impact of new information on decisions? 5. Perceive that some information was more important than other (e.g., that not developing others would lead to future problems) vs. gave all data equal weight. 6. Perceive that the sergeant consistently down-played his/her responsibility for performance vs. accepted the sergeant's explanations without response? Copyright®1995-Burroughs&Rocklin',inc (407) 365-7244) -All rights reserved 7. Change his/her strategy in light of information provided vs. maintained strategies even after hearing new information which would affect those strategies? 8. Perceive ( ) the following: a. Sergeant Dixon is highly motivated to perform well? b. Sergeant Dixon asked for the meeting to discuss performance issues? c. Performance evaluations need to be completed by the end of July? d. Sergeant Dixon has been a sergeant only 18 months? e. Sergeant Dixon volunteers for a lot of assignments? f. There is a complaint about Dixon getting too many opportunities to do special projects (Item 1)? g. Sergeant Dixon does some things very well — e.g.: Homeowners Association letter (Item 2) Recovery of stolen goods (Item 4) Positive leadership (Item 7) Shift coordination (Item 6) h. There is a complaint about too many goals (Item 3)? i There is a complaint about no feedback to Officer Erhard (Item 5)? j. There is a memo (Item 8) about a summary of training needs being late? lc. Sergeant Dixon's communication skills and organizing skills have been consistently rated as only satisfactory? 1. Since promotion to sergeant, Dixon's performance in "evaluation of subordinates" has been only satisfactory. The same is true for"impact on morale," "planning," and `training of subordinates?" m Lieutenant Strange (who is now a major) did one of his reviews (Item 10a and 10b) and this appraisal was his worst? n Sergeant Dixon's most recent appraisal was done by Lt Schmidt and was somewhat higher than Strange's evaluation. Did he improve or was Schmidt's more lenient? o. Squad 2's performance (Item 12) seems to be going down. Why? Copyright®1995-Burroughs&Rockhfll,Inc (407) 365-7244) -AB rights reserved 9. Other Behaviors: Additional Comments: Copyright®1995-Burroughs&Rockhill,Inc. (407) 365-7244) -All rights reserved ORGANIZING AND PLANNING Rating. This is establishing and following orderly courses of action for self and others; keeping orderly records; effectively planning work schedules and scheduling activities; establishing objectives and priorities; identifying activities necessary to complete an assignment; and planning and timing sequences of activities. To what extent did the candidate: 1. Complete each portion of the task within the allotted time frames vs. failed to complete the tasks in time? 2. Rearrange the pages or group materials together in a logical order (e.g., the positive items) vs. did not group related materials or grouped materials inappropriately? 3. Mark on materials for easy reference vs. did not highlight or mark on information? 4. Prepare notes or lists pertaining to points to be covered in the meeting,vs. made no preparations for what was to be discussed in the meeting? 5. Structure the course of the meeting vs. did not have a plan of action for the meeting? 6. Structure courses of action for improvement (e.g., first do X, then do Y) vs. failed to prprovide the sergeant with a structured course of action to follow to improve performance? Copyright 1995-Burroughs&Rockhl, Inc (407) 365-7244) -All rights reserved 7. Make quick reference to available data without fumbling vs. had trouble finding the items he/she wished to discuss? 8. in closure on topics before moving on to other topics vs.jumped back and forth to different topics? 9. Thoroughly outlined and summarized the content of the meeting at the beginning and end respectively vs. failed to outline or reiterate important points of the meeting? 10. Other Behaviors: Additional Comments: Copyright 6 3995-Burroughs&Rockhul,inc. (407) 365-7244) -All rights reserved DECISIVENESS Rating. This refers to making decisions and taking action in a timely manner; defending decisions when challenged; initiating actions; and generating innovative ideas. To what extent did the candidate: 1. Demonstrate a minimal amount of hesitancy toward making decisions vs. was slow to make decisions or choose between alternatives? 2. Formulate courses of action for the situation vs. failed to formulate courses of action? 3. Maintain his/her position throughout the course of the meeting vs. quickly changed his/her position when challenged? 4. Make specific decisions/recommendations (e.g., provide consistent feedback to all officers at least once a week) vs. made decisions or recommendations which were too vague or general? 5. Require the sergeant to defend his/her positions (e.g., with regard to the sergeant's performance appraisal ratings) vs. did not require justification for the sergeant's statements? 6. Strongly express his/her opinions vs.was apologetic when expressing opinions or failed to do so? Copyright 6 1995-Burroughs&Rockhll,Inc (407) 365-7244) -All rights reserved 7. Defend his/her position when challenged vs. became hesitant or flustered when challenged? 8. Other Behaviors: Additional Comments: Copyright 0 1995-Burroughs&Aockhll,Inc (407) 365-7244) -All rights reserved INTERPERSONAL Raring: This represents acting in a sensitive manner regarding the needs, feelings, and capabilities of others; advising subordinates of changes; tactfully dealing with sensitive issues; criticizing constructively, establishing rapport with others and listening productively to others. To what extent did the candidate: 1. Immediately greet the sergeant and attempt to establish rapport vs. launched into the task without attempting to establish rapport? 2. Remain polite throughout the meeting vs. used a demanding tone or was rude in responding? 3. Actively listen when spoken to vs. looked away, fumbled with papers or otherwise indicated he/she was not listening? 4. Acknowledge points made by the sergeant vs. did not acknowledge the sergeant's concerns? 5. Allow the sergeant to speak without interrupting vs. interrupted frequently without apologizing? 6. Explained his/her reasons for disagreeing with the sergeant vs. contradicted him/her abruptly or rudely? 7. Expressed understanding for the sergeant's position vs. did not indicate that he/she empathized with the sergeant's situation? Copyright®1995-Burroughs&Rockhill,Inc. (407) 365-7244) -All rights reserved 8. Continue to interact with the sergeant in a pleasant manner when conflict occurred vs. became angry or blunt when challenged? 9. Other Behaviors: Additional Comments: Copyright 6 1995-Burroughs&Rockhil, Inc. (407) 365-7244) -All rights reserved ORAL COMMUNICATION The ability to dearly present and express information orally; to use effective oral skills such as eye contact, gestures, voice inflection, brevity, volume and appropriate vocabulary. To what extent did the candidate: 1. Speak in a comfortably audible manner vs. spoke too softly to be heard or too loudly for comfort? 2. Enunciate his/her words clearly and use proper voice inflection vs. mumbled or spoke too rapidly to be understood or speak in a monotone? 3. Maintain appropriate eye contact during the discussion vs. avoided making eye contact? 4. Express his/her meaning dearly and concisely vs. tended to be wordy or lack clarity? 5. Use proper grammar, vocabulary and sentence structure when speaking vs. used incorrect verbal mechanics? 6. Avoid distracting mannerisms vs. tended to engage in distracting mannerisms? 7. Use hand gestures for emphasis vs. speak without animation? 8. Other Behaviors: Additional Comments: Copyright 6 1995-Burroughs&Rockhill,Inc. (407) 365-7244) -All rights reserved WRITTEN COMMUNICATION Rating: The ability to clearly present and express information in writing; to use effective writing stalls such as correct grammar, punctuation, spelling, transition, sentence and paragraph structure in order to clearly and concisely present written information. To what extent did the candidate: 1. Write legibly vs. handwriting was sloppy or otherwise difficult to read? 2. Present information that was clear and concise vs. wrote a wordy report or notes or report/notes/outline lacked clarity. 3. Use proper report/outline formatting vs. used improper or no format for report/notes/outline? 4. Use proper grammar, and/or sentence structure vs. mechanics were poor or otherwise inappropriate for the document constructed? 5. Use appropriate vocabulary vs. choices of words were poor or otherwise inappropriate for the document constructed? 6. Use correct punctuation and spelling vs. used incorrect punctuation and spelling? 7. Other Behaviors: Additional Comments: Copyright®1995-Burroughs&Rndknal,Inc (407) 365-7244) -All rights reserved Sample Final Report CITY OF SAMPLE 1995 POLICE LTFUTENANT ASSESSMENT CENTER Final Report for. SAMPLE CANDIDATE Asspcment Dates: Report Prepared by: Burroughs & Rockhill, Inc. 1757 W. Broadway Street, Suite 5 Oviedo, Florida 32765 (407) 365-7244 Copyright®1995-Burroughs&Rockhill,Inc (407) 365-7244) -All rights reserved CITY OF SAMPLE 1995 LIEUTENANT ASSESSMENT CENTER EMPLOYEE DISCUSSION EXERCISE An individual simulation and interactive activity designed to assess the candidate's ability to review, analyze, and integrate resource material relating to a subordinate who is experiencing some performance difficulties. Candidates were give a packet of material consisting of memoranda, letters, reports and data from the candidate's unit, and other background material which indicated overall good performance as well as some problems which needed attention. Candidates were given 40 minutes to prepare for an interview with the subordinate. Candidates then conducted a 25 minute interview with the subordinate in which they were to take action to provide direction to the subordinate concerning career progress and to improve the subordinate's performance. The interview portion of the exercise was video taped. Following the interview, the candidate was given up to 20 minutes to prepare a written summary report to a superior. IN-BASKET EXERCISE A written individual simulation activity administered in a group setting designed to assess the candidate's ability to review, analyze, integrate, and take action on many issues from a variety of sources such as citizens, superiors, peers, and subordinates. The material included letters, memoranda, personnel action requests, personnel assignment information, budget data, and other Unit performance information. Candidates were to make decisions, delegate items, or delay action on issues as appropriate to the situation. The candidates were given 1 hour and 30 minutes to complete the exercise. All actions and decisions were to be made in writing. A debriefing form was completed by the candidates following the completion of the exercise. PRESENTATION EXERCISE An individual simulation and interactive activity designed to assess the candidate's ability to review, analyze, and integrate resource material relating to Community Policing. The candidate was given 60 minutes to review a packet of material consisting of excerpts from periodical articles as well as some survey and statistical information and to prepare to present the basic tenets of the program to two subordinates. The candidate was also to enlist the support of the two subordinates for the program. Candidates then conducted a 25 minute meeting with the subordinates to present the program and answer questions and concerns from the role players. The interview portion of the exercise was video taped. Following the interview, the candidate was given up to 20 minutes to prepare a written summary report to a superior. Copyright m 1995- Burroughs&Rockhal, Inc (407) 365-7244) -All rights reserved CITY OF SAMPLE 1995 I SFUTENANT ASSESSMENT CENTER Candidates were assessed in the following Dimensions: LEADERSHIP: Use of behaviors which guide individuals or groups toward accomplishment of tasks or goals. This is taking charge; directing courses of action; providing guidance and feedback to subordinates in meeting goals and objectives; ensuring compliance with standards and encouraging confidence and pride in work; assigning and delegating work with appropriate guidelines and follow-up; observing, monitoring, controlling, and supervising others. JUDGMENT: Making sound and logical decisions. This refers to making sound and logical decisions; applying principles to solve practical problems; determining when to contact superiors and what to tell them; drawing valid conclusions from available information; making reasonable assumptions. DECISIVENESS: Making decisions and taking actions as necessary. This refers to making decisions and taking action in a timely manner; defending decisions when challenged; initiating actions; and generating innovative ideas. INTERPERSONAL: Acting in ways which indicate an awareness of the needs, feelings and positions of others. This represents acting in a sensitive manner regarding the needs, feelings, and capabilities of others; advising subordinates of changes; tactfully dealing with sensitive issues; criticizing constructively; establishing rapport with others and listening productively to others. ORGANIZING AND PLANNING: Establishing and following orderly courses of action for self and others. This is establishing and following orderly courses of action for self and others; keeping orderly records; effectively planning work schedules and scheduling activities; establishing objectives and priorities; identifying activities necessary to complete an assignment; and planning and timing sequences of activities. PERCEPTION: Identifying, understanding and integrating information. This is identifying, understanding, and integrating information related to a situation or problem; gathering information and investigating situations; observing and recording facts; evaluating information objectively and completely; and identifying problems and needs. Copyright 6 1995-Burroughs&Rockh ll,Inc (407) 365-7244) -All rights reserved WRITTEN COMMUNICATION: Clearly expressing information in writing. This represents clearly presenting and expressing information in writing; using effective writing skills such as correct grammar, punctuation, spelling, transition, sentence, and paragraph structure in order to clearly and concisely present written information. ORAL COMMUNICATION: Clearly expressing information orally. This is clearly presenting and expressing information orally; using effective oral skills such as eye contact, gestures, voice inflection, brevity, volume and appropriate vocabulary. Copyright 0I995-Burroughs&Rockhill,Inc (407) 36S-7244) -All rights reserved CITY OF SAMPLE 1995 LIEUTENANT ASSESSMENT CENTER Rating Scale Definitions: 7 Outstanding 6 Far More than Satisfactory 5 More than Satisfactory 4 Satisfactory 3 Less than Satisfactory 2 Far Less than Satisfactory 1 Weak 0 Limited Observations N/A Dimension Not Measured Variability Definitions: No variability: Difference of 1 rating point or less across the exercises Some variability: Difference of 2 rating points across the exercises Considerable variability: Difference of 3 or more rating points across the exercises Copyright®1995-Burroughs&Rockhill,Inc. (407) 365-7244) -All rights reserved CITY OF SAMPLE 1995 LIEUTENANT ASSESSMENT CENTER Fmployee Dimension Proration In-Racket Discussion Weight x Overall = Exercise Exercise Exercise Total Decisiveness 4 3 3 (.15) 3.33 = .500 Leadership 4 3 2 (.14) 3.00 = .420 Judgment 5 3 3 (.14) 3.67 = .513 Oral Communication 4 N/A 6 (.13) 5.00 = .650 Interpersonal 5 3 6 (.12) 4.67 = .560 Written Communication 4 5 6 (.12) 5.00 = .600 Organizing and Planning 3 5 4 (.10) 4.00 = .400 Perception 5 4 4 (.10) 4.33 = .433 TOTAL SCORE = 4.08 Copyright 6 1995-Burroughs&Rockhill,Inc (407) 365-7244) -All rights reserved Relative Strengths and Weaknesses • Strongest Dimension The participant's strongest dimensions relative to his performance on the other dimensions were oral communication and written communication. • Weakest Dimension The participant's weakest dimensions relative to his performance on the other dimensions were leadership and decisiveness. • Strongest Assessment Center Situation The participant's strongest assessment center situation relative to his performance on the other situations was the employee discussion exercise. • Weakest Exercise Situation The participant's weakest assessment center situation relative to his performance on the other situations was the in-basket exercise. Copyright 6 1995-Burroughs&Rockhill,Inc. (407) 365-7244) -All rights reserved Developmental Suggestions Workshops, Workbooks, and Training Programs Decisiveness • Management Skill Development Series, Wilson Learning, Orlando (1-800-833- 3279, Maitland, Florida. • Management Skill Development Series - Decisiveness: Taking Action, Wilson Learning Corporation, Customer Service Center, 7500 Flying Cloud Drive, Eden Prairie, Minnesota 55344-3795, (612) 944-2880. • Success Through Assertiveness, American Management Association Extension Institute, P.O. Box 1026, Sarnac Lake, NY 12983-9986. Leadership • Leadership: Management Skill Development Series, Wilson Learning, Orlando (1- 800-833-3279, Maitland, Florida. • Workshop in Coaching and Counseling: Burroughs, Wooten and Associates, Orlando, Florida. • Fundamentals of Leadership: A Guide for the Supervisor, Raymond J. Burby, Addison-Wesley Publishing Company, Inc., Reading, MA, 1972. • Management Skill Development Series - Leadership: Providing Direction, Wilson Learning Corporation, Customer Service Center, 7500 Flying Cloud Drive, Eden Prairie, Minnesota 55344-3795, (612) 944-2880. • How to Delegate Effectively, American Management Association Extension Institute, P.O. Box 1026, Sarnac Lake, NY 12983-9986. Copyright®1995-Burroughs&R rkhill,Inc (407) 365-7244) -All rights reserved On-the-Job Assignments Decisiveness • When making a suggestion, be prepared to give reasons (need) for the suggestions and to provide alternatives to satisfy this same need. • With a peer or superior, take opposing sides of an issue and discuss. • Examine tasks that you typically take to your superior for a decision. Discuss those areas where you could take responsibility. • Identify and assess risks of an innovative project whose failure would have minimal impact. Discuss implementation in detail with your superior. • Provide an agenda for a meeting/briefing you conduct. After the meeting, examine any deviations and determine any trends to avoid or incorporate in future decision-making processes. Leadership • Prepare definitions, time frames, skills required, etc., for task assignments. • With the permission of your superior, begin training other individuals in some of your job responsibilities. • Work with someone in the organization who has strong leadership skills. • With your superior, discuss opportunities to initiate action that you encounter in assignments, meetings, and activities. • Attempt to plan ahead for meetings/briefings at which you are not in charge, and be prepared to initiate more actions than you might normally initiate. Add slowly over successive meetings. • Create a delegation checklist for use before and after you assign work, specifying who will complete the assignment, objectives, results, methods, steps, phases, approaches, reporting mechanisms, resources, and methods of assigning effectiveness. • Meet with individuals to whom you delegate work to determine what elements, if any, of directions or assignments or expectations that they receive from you are unclear or not as fully defined as they would prefer. Conduct meetings on an individual basis, without making interruptions. Copyright 6 1995-Burroughs&Rockhill,Inc (407) 365-7244) -All rights reserved Appendix C Public Entity Crimes Form Fee Statement SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO EN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to C'/i Y OF /LIIA IC(J / EAC/ • YI/by Q que 4 . &)rrD S Pt-e (d ee (print individual's name and title) for > lJ 006/7 A-H D (print name of entity submitting sworn statement) - whose business address is /75-7 14 - B� u9�a SUr>4 oVied0, r=ior�dQ 3�7�� and (if applicable)its Federal Employer Identification Number(FEN)is - 5/7 5-c,419 (If the entity has no FEIN,include the Social Security Number of the individual signing this sworn statement -) 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 guilt,in arty 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. I understand that an"affiliate"as defined in Paragraph 287.133(1)(a).Florida Statutes.means: I.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 team"affiliate"includes those officers,directors.executives.partners,shareholders,employees,members,and agents who arc active in the management of an affiliate. 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 Imowingly 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"as defined in Paragraph 287.133(IXe),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 goods or services let by a public entity,or which otherwise transacts or applies to transact business with a public entity. The term"person"includes those officers,directors,executives,partners,shareholders,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 to the 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. 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. RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 2 8 The entity submitting this sworn statement. or one or more of its officers, directors,executives,partners,shareholders, employees membe s,or agents who arc 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 2 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 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED LN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED LN SECTION 287.0I7,FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.. (L O #4 (Signature) 9-8-9s , (date) STATE OF C) COUNTY OF rIj lel 1e. PERSONALLY APPEARED BEFORE ME,the undersigned authority, li„ (l,LI11e. A j 1'r c'l ,who,after first being sworn by me,affixed his/her signature in the space provided above on this 4%' day of ` ,19 G,51... Q( Lc I-1n NOTARY PUBLIC My Commission Expires: ..... CHERIE E.ALLUMS = MY COMMISSION rt CC 466154 EXP1FES:May 22,1999 •"f a;f:• Bonded T1vu Rotary Pubic Undorwrttera FO ev. o >• • RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 2 9 • REQUEST FOR PROPOSALS NO. 140-94/95 To Be Opened on September 12, 1995 at 2:00 P.M. Proposal Page 1 of 2 For providing the services of an Assessment Center Development and Validation firm for Sergeant of Police and Lieutenant of Police for Miami Beach,per foregoing specifications: Lump Sum Fee $ 124 .900 (Provide breakdown within proposal) Any additional fees not included in lump sum fee (describe): Assessor salaries S 22 , 800 More than 5 days of Legal preparation/testimony $ 200.00 per hour Additional candidates over 240-Scot , _5-Lt . $ 675 :+er canrieate The Lump Sum Fee will be discounted by the dollar amounts indicated if the City provides any service(s)listed below: $ ? : 800 Provide rooms in which to conduct/evaluate assessment exercises $ 1 . 260 Obtain and select assessors $ 20, 200 Provide assessor travel, lodging and food $ c,n n Supply video equipment $ 900 Administer/assist any or all assessment exercises $ Other BIDDERS MUST SIGN BELOW TO ACKNOWLEDGE RECEIPT OF ADDENDUM(IF NECESSARY). Amendment No. 1: Amendment No.2: Amendment No.3: RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 26 REQUEST FOR PROPOSALS NO. 140-94/95 Proposal Page 2 of 2 ANY LE 1 n RS, ATTACHMENTS, OR ADDITIONAL LNFORMATION TO BE CONSIDERED PART OF THE PROPOSAL MUST BE SUBMITTED WITH SIX (6) ADDITIONAL COPIES. SUBMITTED BY: COMPANY: By -01)S i/S 4ND c4 ///t L . .INC. SIGNED: LJ}0-.ZfuP (2 . h- (I certify that I am authorized to execute this proposal and commit the bidding firm) NAMEITITLE : WO€4 e A. Dvrroo lid (Print) ADDRESS: /75'7 W Broadt.t.tati Su;f C CITY/STATE: CViecho Flchc q ZIP: 3g-7!'5 TELEPHONE: (L/o'i ) • RFP NO: 140-94/95 CITY OF MIAMI BEACH DATE: 8/14/95 2 7 ATTACHMENT C SWORN STATEMENT PURSUANT TO SECTION 287.133(3Xa), FLORIDA STATUTES,ON PUBLIC ENTITY CRIMES 1 THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted tooD C., l ii/TY OF NM / IEAWr( by Wa que 4 . &9rro_ , Pree(owett'� I (print individual's name and title) for ,904,r-oc)6/FS A-N D ,Z-d^,1l/t//GG .rAIC , I (print name of entity submitting sworn l statement) � whose business address is /75'7 vv. B,_,,A & v,4 5V, 1 5- Oviedo, G/of-,dq .3V-7105 Jand (if applicable)its Federal Employer Identification Number(FEIN)is 679— 3/7501/9 (If the entity has no FEIN,include the Social Security Number oft he individual signing this sworn 4 statement •) " 1 2. I understand that a"public entity crime"as defined in Paragraph 287.I33(I)(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 i political subdivision of any other state or of the United States,inducing,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,ormataiai 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 clpril*,in any federal or state trial count 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. I understand that an"affiliate"as defined in Paragraph 287.133(1)(a),Florida Statutes,means: 1.A predecessor or successor of a person convicted of a public entity acme;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 affiliate. The ownership by one person of shares constituting a controlling interest in another ` person,or a pooling of equipment or income among persons when sot for fair market value under an arm's length agreement,shall be a prima facie case that one person controls another person. A person wbo knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the prexeaog 36 months shall be considered an affiliate. 1 5. I understand that a"person"as defined in Paragraph 287.133(1)(e),Florida Statutes,means my natural person or entity organized under the laws of any state or of the United States with the legal power so enter into a binding contract and which bids or applies to bid on I contracts for the provision of goods or services let by a public entity,or which otherwise transacts or applies to transact business with j a public entity. The tern"person"includes those officers,directors,executives,partners,shareholders,employees,members,and agents E who are active in management of an entity. 'I 6. Based on information and belief,the statement which I have marked is true in relation to the entity submitting this sworn statement (indicate which statement applies.) f ✓ Neither the entity submitting this sworn statement,nor any of its officers,directors,executives, partners,shareholders, ` employees,members,or agents who arc active in the management of the entity,nor any affiliate of the entity have been 1 charged with and convicted of a public entity clime subsequent to July 1, 1989. — 1 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 I,1989. I RFP NO: 140-94/95 CITY OF MIAMI BEACH IDATE: 8/14/95 2 8 1 I i . I 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 i, before a Hearing Officer of the State of Florida,Division of Administrative Hearings and the Final Order entered by the II 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 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION I CONTAINED IN THIS FORM. J (Signature) 9-8-95- STATE OF c 1(�llY 1(l(`` (date) 1 COUNTY OF N)nU rC'e PERSONALLY APPEARED BEFORE ME,the undersigned authority, � 1 U (line. A 'z • au 1-i�'I 1 hs ,who,after lust being sworn by me,affixed his/her signature in the space provided above on this 4* day of It ) . , 19 C15 . l It r_ no( U n�r") NOTARY PUBLIC My Commission Expires: ":;:.%'••• CHERIE E.ALLUMS • .M MY COMMISSION R CC 466154 7: o EXPIRES:May22,1999 ��?;; ''�' Bonded Ttw Notary Public Under rftere FORM PUR 7038(Rev.06/03791) I I I i . RFP NO: 140-94/95 CITY OF MIAMI BEACH IDATE: 8/14/95 2 9 1 • ' DISABILITY NONDISCRIMINATION AFFIDAVIT ' ' • CONTRACT REFERENCE NAME OF FIRM,CORPORATION,OR ORGANIZATION 2OJ c oi.F XN tLL, INC. AUTHORIZED AGENT COMPLETING AFFIDAVIT: —114.CMAS. L. 2.0CK.-IILL POSITION V[C6 P2ESl LK,1T PHONE NUMBER(q07 36 S— 74 4-4- I,_o mb4S L. 'J CKSJ!(i., , being duly first sworn state: That the above named firm,corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with 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 47 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. Signature AJ VI i I2 I 1 iggs' Date SUBSCRIBED AND SWORN TO(or affirmed)before me on //// 94 Date by 7,z;;G'.y q„{ ' /e0 e, /G G . He/She is personally known to me or has (Affiant) presented L.- ie-•Ir--(_ - K c _51,10-R3.01 S7-C y•Oas identification. /' (Type of identification) /� l/�- � C° 03(p c J.- (Signature �pAV P`�OFFICIAL NOTARY UAL of Nota = l MERCEOES A RONRO11A ry (Serial Number) ��w i COYYISSION NU US 4e., li CC4036lZ C E h 1. - 4 b 1/l k vs•9 .2.8 ' ° �r oo sxP. 9� �0F F�� AUO. lie 199• (Print or Stamp Name of Notary) ( xpira ion Date) Notary Public yL O i2. /b 61 (State) Notary Seal The 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. f ahum a\a I I\,and ramond i scr