96-22158 RESO
RESOLUTION NO. 96-22158
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY
COMMISSION TO WAIVE THE COMPETITIVE BIDDING
PROCESS AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY AND THE MIAMI-
DADE COMMUNITY COLLEGE, SCHOOL OF JUSTICE
AND SAFETY ADMINISTRATION, FOR ASSESSMENT
CENTER ADMINISTRATION, ASSESSOR REFRESHER
TRAINING, ROLE PLAYER TRAINING, REPORTING
RESULTS, AND CANDIDATE REVIEW, FOR UP TO 150
CANDIDATES, IN THE POLICE OFFICERlTRAINEE
CLASSIFICATION IN AN AMOUNT NOT TO EXCEED
$38,550, AND AUTHORIZING THE CITY MANAGER TO
EXERCISE THE OPTION OF EXTENDING SAID
PROFESSIONAL SERVICES AGREEMENT FOR THE
EVALUATION OF UP TO FIFTY (50) ADDITIONAL
CANDIDATES IN AN AMOUNT NOT TO EXCEED $12,500.
Whereas, the Consent Decree entered into by the Department of Justice (DOJ) and
the City of Miami Beach (City) recognizes the continuing need of the City to hire entry-level
Police Officer/Trainees in order to maintain adequate levels of public safety, and therefore
allows for the administration of an Interim Hiring Program; and
Whereas, the City has determined that additional Police Officer/Trainees need to
be hired in order to maintain public safety; and
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Whereas, the provisions of the Consent Decree require that any Interim Hiring
Program developed by the City must be agreed to by the DOJ and approved by the court;
and
Whereas, the City developed such an Interim Hiring Program and the DOJ and the
court previously agreed to its use for the previous phases of Interim Hiring; and
Whereas, DOJ agreed to allow the City to file an Unopposed Motion for the next
phase of the Interim Hiring Program and the City filed such Motion with the court on
September 19, 1996; and
Whereas, the City believes that use of an Assessment Center process will fulfill the
City's desire to adequately and appropriately evaluate what it believes to be the job-related
skills of Police Officer/Trainee candidates; and
Whereas, the successful use of the Assessment Center instrument, as a critical
component of the Interim Hiring Program, in the previous phases of Interim Hiring, yielded
results consistent with the City's desire to employ a diverse group of Police
Officer/Trainees; and
Whereas, the Miami-Dade Community College (MDCC) Assessment Center
administers assessment instruments in compliance with Equal Employment Opportunity
(EEO) Guidelines, the American Psychological Association's Testing Standards, and the
Standards for Ethical Considerations for Assessment Center Operation; and
Whereas. the MDCC Assessment Center has served over 25 law enforcement
agencies in the State of Florida and assessed 6,000 entry-level and 5,000 promotional
candidates; and
Whereas, the MDCC Assessment Center's trained and experienced staff has
administered the job-related Assessment Center instrument for the Metropolitan Dade
County Public Safety Department, and has provided them with entry-level police selection
services since 1983, and has administered the Assessment Center instrument to City of
Miami Beach Police Officer/Trainee candidates in the previous phases of Interim Hiring,
and is therefore, thoroughly and uniquely familiar with the Assessment Center instrument
and its administration; and
Whereas, the City wishes to continue to utilize the expert services rendered to the
City by the MDCC Assessment Center; and
Whereas, the aforementioned Assessment Center instrument is the property of
Metropolitan Dade County Public Safety Department, who has agreed to allow the City to
utilize the instrument, for the next phase of the Interim Hiring Program; and
Whereas, use of Metropolitan Dade County's Assessment Center instrument, as
administered by the MDCC Assessment Center, is an integral part of the Interim Hiring
Program developed by the City; and
Whereas, the MDCC Assessment Center is able to begin the administration of the
Assessment Center instrument for the City of Miami Beach on October 14,1996; and
Whereas, the M~yor and the City Commission wish to expedite the administration
of the Police Officer/Trainee examination and deem it in the best interest of the City to
herein waive the competitive bidding requirement and authorize the Mayor and City Clerk
to execute the attached Professional Services Agreement with the MDCC Assessment
Center; and
Whereas, funding for this Professional Services Agreement is available from the
Police Department Professional Services budget.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Commission hereby waive the competitive bidding process and authorize the Mayor and
City Clerk to execute the attached Professional Services Agreement between the City and
the MDCC Assessment Center, in consideration for an amount not to exceed $38,550 to
administer the Assessment Center for 150 candidates, including all out-of-pocket and other
expenses incurred by the MDCC Assessment Center. The Mayor and the City
Commission further authorize the City Manager to exercise the option of extending said
Professional Services Agreement for the evaluation of up to 50 additional candidates for
an additional cost not to exceed an additional $12,500 including all out-of-pocket and other
expenses incurred by the MDCC Assessment Center.
PASSED AND ADOPTED this 9th
day of
October ,1996.
R 0 0.4r ~ QA,duA
CITY CLERK, Robert Parcher
ATTEST:
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO.
~ o5-C}<'::'
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: October 9, 1996
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
RESOLUTION T WAIVE COMPETITIVE BIDDING AND EXECUTE A
PROFESSIONAU SERVICES AGREEMENT WITH MIAMI-DADE
COMMUNITY COLLEGE FOR ASSESSMENT CENTER
ADMINISTRATION FOR UP TO 150 POLICE OFFICER/TRAINEE
CANDIDATES AND AUTHORIZING THE CITY MANAGER TO EXTEND
SAID AGREEMENT FOR UP TO 50 ADDITIONAL CANDIDATES
ADMINISTRATIVE RECOMMENDATION:
It is recommended that the Mayor and the City Commission waive the competitive bidding process,
in accordance with City Code 31 A, Paragraph 10e, and authorize the Mayor and the City Clerk to
execute the attached Contract with Miami-Dade Community College (MDCC), School of Justice and
Safety Administration, Assessment Center to administer, score, report the results, and provide
candidate review of Metropolitan Dade County Composite Interactive Assessment Center instrument
to up to one hundred fifty (150) City of Miami Beach (City) Police Officerffrainee candidates and
to provide assessor refresher and role player training. It is also recommended that the Mayor and
the City Commission authorize the City Manager to extend said Contract for up to fifty (50)
additional candidates.
CONTRACT AMOUNT AND FUNDING:
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Not to exceed a total of $38,550 for 150 candidates and $12,500 for an additional 50 candidates.
Funds are available from the Police Department's Professional Services budget, Account Number
011.1110.000312.
BACKGROUND:
The City entered into a Consent Decree with the Department of Justice (DOl) covering the hiring
of Police Officerffrainees. In the Consent Decree, all parties recognized the continuing need of the
City to hire Police Officerffrainees in order to maintain adequate levels of public safety. Therefore,
pursuant to the Consent Decree, the City developed an Interim Hiring Program. DOJ and the court
previously agreed that the City may use the Interim Hiring Program for the previous phases of
AGENDA ITEM
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lD-~-9~
DATE
Interim Hiring. Since it has been determined that additional Police Officer/Trainees need to be hired
to insure proper law enforcement staffing, the City sent a proposal to DOJ to again utilize the Interim
Hiring Program. DOJ agreed to the proposal and the court is expected to approve the proposal for
an additional phase of Interim Hiring.
The present public safety staffing needs are urgent, however, the City desires to use an appropriate,
job-related, and fair method of evaluating the skills of Police Officer/Trainee candidates. For these
reasons, the Interim Hiring Program utilizes the Assessment Center Interactive instrument which was
developed and validated for Metropolitan Dade County entry-level Police Officers. The process was
developed and is administered by trained and experienced staff at the MDCC Assessment Center.
The Assessment Center has provided selection services to Metro-Dade County since 1983, and has
successfully evaluated over 3,400 entry-level Police Officer candidates for that agency. Metro Dade
County has agreed to allow the City to utilize their Interactive Assessment Center instrument for this
phase of the Interim Hiring Program. Additionally, the results of the previous phases of Interim
Hiring, using the Assessment Center instrument, were consistent with the City's desire for diversity.
ANAL YSIS:
In order to meet the Consent Decree requirements as well as the City's time and quality
requirements, the Interim Hiring Program was developed so that candidates are evaluated in a
manner that the City believes to be fair, job-related, and expeditious. The Interim Hiring Program
includes the use of Metro Dade County's Interactive Assessment Center instrument at the MDCC
Assessment Center and has been successfully administered in the previous phases of the Interim
Hiring Program.
MDCC can begin administering the Assessment Center October 14, 1996.
CONCLUSION:
In view ofthe fact that the MDCC Assessment Center is thoroughly familiar with the classification
of entry-level Police Officer/Trainee; has developed, validated, and administered a valid selection
process for Metro-Dade County for the past 10 years; and has successfully administered the
Assessment Center instrument for the City of Miami Beach for the previous phases of the Interim
Hiring Program, it is requested that the Mayor and the City Commission waive the competitive
bidding process and authorize the Mayor and the City Clerk to execute the attached Contract with
MDCC Assessment Center for Assessment Center administration to 150 candidates and authorize
the City Manager to extend said Contract for up to fifty (50) additional candidates.
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CITY OF MIAMI BEACH
PURCHASE OF PROFESSIONAL SERVICES AGREEMENT
C4 th
THIS AGREEMENT, MADE THE I DAY OF OCTOBER IN THE YEAR OF 1996, BY AND
BETWEEN THE CITY OF MIAMI BEACH ("CITY") AND MIAMI DADE COMMUNITY COLLEGE, SCHOOL
OF JUSTICE & SAFETY ADMINISTRATION, ASSESSMENT CENTER ("CONSULTANT"), FOR
CONSULTANT SERVICES AS STATED HEREIN: TO ADMINISTER, SCORE, REPORT THE RESULTS, AND
PROVIDE CANDIDATE REVIEW OF THE METRO-DADE COUNTY COMPOSITE INTERACTIVE
BURGLARYIDOMESTIC DISTURBANCE ASSESSMENT CENTER EXERCISE FOR UP TO ONE HUNDRED
FIFTY (150) CITY OF MIAMI BEACH POLICE OFFICER/TRAINEE CANDIDATES AND TO PROVIDE
ASSESSOR REFRESHER AND ROLE PLAYER TRAINING. THE CITY MANAGER MAY EXTEND THIS
AGREEMENT FOR UP TO FIFTY (50) ADDITIONAL CANDIDATES FOR AN AMOUNT NOT TO EXCEED
TWELVE THOUSAND, FIVE HUNDRED DOLLARS ($12,500).
THE PARTIES HERETO FURTHER AGREE TO THE FOLLOWING CONDITIONS: TOTAL ASSESSMENT
CENTER PRICE INCLUDING, BUT NOT LIMITED TO, RELATED MATERIAL, ROLE PLAYER AND
ASSESSOR REFRESHER TRAINING, ROLE PLAYERS DURING THE ADMINISTRATION OF THE
ASSESSMENT CENTER, AND CANDIDATE ASSESSMENT COST IS NOT TO EXCEED THIRTY-EIGHT
THOUSAND, FIVE HUNDRED FIFTY DOLLARS ($38,550), INCLUDING ALL OUT-OF-POCKET AND OTHER
EXPENSES INCURRED BY THE CONSULTANT. CONSULTANT WILL BE RESPONSIBLE FOR
FURNISHING AN INVOICE FOLLOWING CONCLUSION OF THE PROJECT.
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FOR THE PURPOSE OF THIS AGREEMENT, CONSULTANT SHALL BE DEEMED TO BE AN INDEPENDENT
CONTRACTOR, AND NOT AN AGENT OR EMPLOYEE OF THE CITY.
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
FULL Y SET FORTH HEREIN, IN CONNECTION WITH THE PROFESSIONAL SERVICES AGREEMENT
CONDITIONS HEREUNDER.
1
THE CONSULTANT AGREES AND ACKNOWLEDGES THAT TIME IS OF THE ESSENCE.
THIS AGREEMENT SHALL BE IN EFFECT THROUGH COMPLETION OF ALL SERVICES. FEES AND
EXPENSES OF THE CONSULTANT ARE PAYABLE FROM ACCOUNT CODE NO. 011.1120.000312 IN AN
AMOUNT NOT TO EXCEED $38,550, AND SAID AMOUNT MUST INCLUDE ALL FEES AND EXPENSES PAID
TO AND BY THE CONSULTANT PURSUANT TO THE TERMS OF THIS AGREEMENT.
IT IS FURTHER AGREED THAT THIS AGREEMENT MAYBE ALTERED, EXTENDED AND AMENDED
ONLY UPON THE WRITTEN CONSENT OF BOTH PARTIES. CONSULTANT SHALL NOT ASSIGN,
TRANSFER OR SUBCONTRACT ITS RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT.
IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT, THE CONSULTANT SHALL NOT
DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE,
COLOR, RELIGION, ANCESTRY, GENDER, AGE, NATIONAL ORIGIN, PLACE OF BIRTH, MARITAL
STATUS, CITIZENSHIP, INTENDING CITIZENSHIP STATUS, DISABILITY, OR SEXUAL ORIENT A TION.
THE CONSULTANT SHALL TAKE AFFIRMATIVE ACTION TO ENSURE THAT MIAMI DADE
COMMUNITY COLLEGE APPLICANTS ARE EMPLOYED AND THAT EMPLOYEES ARE TREATED
DURING THEIR EMPLOYMENT WITHOUT REGARD TO THEIR RACE, COLOR, RELIGION, ANCESTRY,
GENDER, AGE, NATIONAL ORIGIN, PLACE OF BIRTH, MARITAL STATUS, CITIZENSHIP, INTENDING
CITIZENSHIP STATUS, DISABILITY, OR SEXUAL ORIENTATION.
WITH RESPECT TO THE PERFORMANCE OF THE SERVICES, THE CONSULTANT SHALL EXERCISE
THAT DEGREE OF SKILL, CARE, EFFICIENCY AND DILIGENCE NOAA-),ALLY EXERCISED BY
RECOGNIZED PROFESSIONALS WITH RESPECT TO THE PERFOAA-IANCE OF COMP ARABLE SERVICES.
IN ITS PERFORMANCE OF THE SERVICES, THE CONSULTANT SHALL COMPLY WITH ALL
APPLICABLE LAWS, ORDINANCES, AND GUIDELINES INCLUDING, BUT NOT LIMITED TO,
APPLICABLE REGULATIONS OF THE CITY, COUNTY, STATE, FEDERAL GOVERNMENT, ADA, EEO
REGULATIONS AND GUIDELINES.
THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY, AT ANY TIME, WITHOUT CAUSE AND
FOR CONVENIENCE. IN THE EVENT OF SUCH TERMINATION, THE CONSULTANT SHALL BE PAID A
SUM EQUAL TO PAYMENT DUE UP TO THE DATE OF TERMINATION OF THIS AGREEMENT, PROVIDED
2
CONSULTANT IS CONTINUING TO PROVIDE ALL SERVICES PURSUANT TO THE AGREEMENT UP TO
THE DATE OF TERMINATION.
CONSULT ANT 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 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 CITY DESIRES TO ENTER INTO THIS AGREEMENT ONLY IF IN SO DOING THE CITY CAN PLACE
A LIMIT ON CITY'S LIABILITY FOR ANY CAUSE OF ACTION FOR MONEY DAMAGES DUE TO AN
ALLEGED BREACH BY THE CITY OF THIS AGREEMENT, SO THAT ITS LIABILITY FOR ANY SUCH
BREACH NEVER EXCEEDS THE SUM OF $10,000. CONSULTANT HEREBY EXPRESSES ITS
WILLINGNESS TO ENTER INTO THIS AGREEMENT WITH CONSULTANT'S RECOVERY FROM THE CITY
FOR ANY DAMAGE ACTION FOR BREACH OF CONTRACT TO BE LIMITED TO A MAXIMUM AMOUNT
OF $10,000. ACCORDINGLY, AND NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THIS
AGREEMENT, CONSULTANT HEREBY AGREES THAT THE CITY SHALL NOT BE LIABLE TO
CONSULTANT FOR DAMAGES IN AN AMOUNT IN EXCESS OF $10,000 FOR ANY ACTION OR CLAIM FOR
BREACH OF CONTRACT ARISING OUT OF THE PERFORMANCE OR NON-PERFORMANCE OF ANY
OBLIGATIONS IMPOSED UPON THE CITY BY THIS AGREEMENT. NOTHING CONTAINED IN THIS
SUBP ARAGRAPH OR ELSEWHERE IN THIS AGREEMENT IS IN ANY WAY INTENDED TO BE A WAIVER
3
OF THE LIMITATION PLACED UPON CITY'S LIABILITY AS SET FORTH IN FLORIDA STATUTES
SECTION 768.28.
ALL NOTICES UNDER THE TERM OF THIS AGREEMENT SHALL BE SENT TO THE FOLLOWING:
CONSULTANT:
MIAMI DADE COMMUNITY COLLEGE
SCHOOL OF JUSTICE AND SAFETY ADMINISTRATION
ASSESSMENT CENTER
11380 NW 27 AVENUE
MIAMI, FL 33167-3495
CITY:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
WITH COPIES TO:
OFFICE OF THE CITY ATTORNEY
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
THIS AGREEMENT SHALL BE ENFORCEABLE IN DADE COUNTY, FLORIDA, AND IF LEGAL ACTION
IS NECESSARY BY EITHER PARTY WITH RESPECT TO THE ENFORCEMENT OF ANY AND ALL TERMS
AND/OR CONDITIONS HEREIN, EXCLUSIVE VENUE FOR THE ENFORCEMENT OF SAME SHALL LIE IN
DADE COUNTY, FLORIDA.
ATTEST:
K;'~RR~ARCHER
By
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CONSULTANT
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F:\huma\$aII\contract\mdac 1096. wpd
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LEGAL DEPT,
By /(4 tt1A~
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DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE
SCHOOL OF JUSTICE & SAFETY ADMIN.
NAME OF FIRM, CORPORATION, OR ORGANIZATION ASSESSMENT CENTER, MDCC
AUTHORIZED AGENT COMPLETING AFFIDA VIT:
PHONENUMBER(30~ 237-1476
LORREN O. OLIVER
POSITION ASSOCIATE DEAN
I,
LORREN O. OLIVER
, 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 US.C.
12101-12213 and 47 US.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 US.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.
~~
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Signature
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Date
SUBSCRIBED AND SWORN TO (or affinned) before me on - / i P-f,uI-J...v0--1/ (.'.' /9 7' ~
"' (Date)
by '~-rL/ CfL~~~~ . He/Ske is Rersonally known to me or has
(Affiant)
I
presented
L o. (Type of identification)
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(Signatu of Notary) ,
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(Print or Stamp Name of Notary)
(Serial Number)
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as identification.
(Expiration Date)
Notary Public
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(State)
Notary Seal
The City of Miami Beach will not award a contract to any finn, corporation or organization that fails to complete and
submit this Affidavit with the fInn, corporation or organization's bid or proposal or fails to have this Affidavit on file
with the City of Miami Beach.
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