Loading...
RESOLUTION 93-20817 • .... -. RESOLUTION NO. 93-20817 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DETERMINING MIAMI-DADE COMMUNITY COLLEGE, SCHOOL OF JUSTICE AND SAFETY ADMINISTRATION, ASSESSMENT CENTER (MDCC ASSESSMENT CENTER) TO BE SOLE SOURCE,WAIVING THE COMPETITIVE BIDDING PROCESS, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MDCC ASSESSMENT CENTER FOR ADMINISTRATION OF THE ASSESSMENT CENTER INSTRUMENT FOR THE CLASSIFICATION OF POLICE OFFICER/TRAINEE Whereas, the Consent Decree entered into by the Department of Justice (DOJ) and . the City of Miami Beach 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 development of an Interim Hiring Program; and Whereas, the City has determined that additional Police Officer/Trainees need to be hired in order to maintain adequate levels of public safety; and 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 has developed such an Interim Hiring Program and the DOJ has agreed to its use; and Whereas, the City and the DOJ have filed a joint motion with the federal court for approval of the Interim Hiring Program; and Whereas, the City believes that use of an Assessment Center process will fulfill the City's desires to adequately and appropriately evaluate what it believes to be the job-related skills of Police Officer/Trainee candidates; and Whereas, the MDCC Assessment Center develops and 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 developed and administered a 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, evaluating over 3,400 entry-level candidates; 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 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 4,4 Whereas,the MDCC Assessment Center is able to administer the Assessment Center instrument for the City of Miami Beach from July 12, through 16; and Whereas, the Mayor and the City Commission wish to expedite the administration of the Police Officer/Trainee examination and deems it in the best interest of the City to determine the MDCC Assessment Center to be sole source for this service, at this time, and to waive the competitive bidding process and to award the attached contract to the MDCC Assessment Center; and Whereas, funding for this contract is available from the Police Department Professional Services budget. NOW,THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission hereby determines MDCC Assessment Center to be sole source and waives the competitive bidding process and authorizes the City Manager to enter into the attached Professional Service Agreement between the City and MDCC Assessment Center in consideration not to exceed $12,330, including all out-of-pocket and other expenses incurred by the MDCC. The City Commission authorizes the City Manager to exercise the option of extending said contract for the evaluation of up to 25 additional candidates for an additional $160/candidate, not to exceed an additional $4,000 including all out-of-pocket and other expenses incurred by MDCC Assessment Center. PASSED AND ADOPTED this 30th day of June , 1993. Attest: r / AkoAcik. City Clerk Se Vrr Gelber, Mayor Approved as to Form: Legal Department (0- V A— Date GPL:cp CITY OF MIAMI BEACH t=r:;1 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 333 - q3 TO: Mayor Seymour Gelber and DATE: JUNE 30 , 1993 Members of the City Commission FROM: Roger M. Canto City Manager SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH MIAMI•DADE COMMUNITY COLLEGE, SCHOOL OF JUSTICE AND SAFETY ADMINISTRATION ASSESSMENT CENTER FOR ADMINISTRATION OF ASSESSMENT CENTER TEST INSTRUMENT ADMINISTRATIVE RECOMMENDATION: It is recommended that the City Commission determine that the Miami-Dade Community College School of Justice and Safety Administration Assessment Center is the sole source and waive the competitive bid process, in accordance with City Code 31A, Paragraph 10e, and authorize the City Manager to execute the attached Contract with the MDCC Assessment Center to administer,score,and report results of the Metropolitan Dade County Composite Interactive Assessment Center instrument to up to fifty(50) City of Miami Beach Police Officer/Trainee candidates. CONTRACT AMOUNT AND FUNDING: Not to exceed $12,330. Funds are available from the Police Department's Professional Services budget, Account Number 011.1110.000312. BACKGROUND: The City of Miami Beach entered into a Consent Decree with the Department of Justice (DOJ) covering the hiring of Police Officer/Trainees. The Court provisionally entered the Consent Decree on July 28, 1992, and filed final entry on June 04, 1993. In the Consent Decree, all parties recognized the continuing need of the City to hire Police Officer/Trainees in order to maintain adequate levels of public safety. It has been determined that additional Police Officer/Trainees need to be hired in the immediate future to insure an adequate level of law enforcement staffing. Therefore,pursuant to the Consent Decree, the City developed an Interim Hiring Program. Under the terms of the Consent Decree, an Interim Hiring Program may be developed and used as a temporary selection procedure until lawful selection procedures are in place. The DOJ has agreed that the City may use the Interim Hiring Program that the City has developed. A joint motion for approval of use of the Program has been filed by the City and the DOJ. Court approval is expected. The present public safety staffing needs are urgent, however, the City desires to use an adequate, 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 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 AGENDA ITEM C— 4 - A DATE (Z' - C).3 • BACKGROUND CONTINUED: 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 (saving the City at least $8,000) for the Interim Hiring Program. ANALYSIS: 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. Use of this plan, including the use of Metro Dade County's Interactive Assessment Center instrument at the MDCC Assessment Center, although not guaranteeing there will be no challenges to the City's developed Program, has been agreed to by the DOJ and is now before the court for approval. The Assessment Center process can be administered July 12, through 16, 1993. The City Manager may exercise the option of having the MDCC Assessment Center evaluate up to 25 additional candidates for an additional $160/candidate (not to exceed an additional $4,000). CONCLUSION: In view of the fact that the MDCC Assessment Center is thoroughly familiar with the classification of entry-level Police Officer/Trainee and has developed and administered a valid selection process for the past 10 years, Commission approval is requested authorizing the City Manager to execute this Agreement for Professional Services. GPL:cp Attachments 2 r , CITY OF MIAMI BEACH Purchase of Professional Services Agreement THIS AGREEMENT, MADE THE DAY OF JUNE IN THE YEAR OF 1993 , BY AND BETWEEN THE CITY OF MIAMI BEACH ("CITY") AND MIAMI DADE COMMUNITY COLLEGE, SCHOOL OF JUSTICE & SAFETY ADMINISTRATION, ASSESSMENT CENTER, ("CONSULTANT"), AND IS HEREBY AUTHORIZED BY THE CITY MANAGER FOR CONSULTANT SERVICES AS STATED HEREIN: TO ADMINISTER, SCORE, AND REPORT RESULTS OF THE METRO-DADE COMPOSITE INTERACTIVE BURGLARY/DOMESTIC DISTURBANCE EXERCISE TO UP TO THIRTY-FIVE (35) POLICE OFFICER/TRAINEE CANDIDATES FROM JULY 12, THROUGH JULY 22, 1993, PURSUANT TO THE JUNE 1, 1993 LETTER TO MARY BROWN AND THE JUNE 6, 1993 LETTER TO T.C.ADDERLY,ATTACHED HERETO AS EXHIBIT "A"AND MADE A PART OF THIS AGREEMENT. THE PARTIES HERETO FURTHER AGREE TO THE FOLLOWING CONDITIONS: TOTAL ASSESSMENT CENTER PRICE INCLUDING RELATED MATERIAL, ROLE PLAYERS,AND FINAL ASSESSOR TRAINING TO BE SUPPLIED IS NOT TO EXCEED NINE THOUSAND NINE HUNDRED THIRTY DOLLARS ($9,930.00). CONSULTANT WILL BE RESPONSIBLE FOR FURNISHING AN INVOICE FOLLOWING CONCLUSION OF ASSESSMENT CENTER. 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 FULLY SET FORTH HEREIN,IN CONNECTION WITH THE CONTRACT CONDITIONS HEREUNDER. THIS AGREEMENT SHALL BE IN EFFECT DURING THE PERIOD(S) FROM 07/12/93 THROUGH 07/22/93. FEES AND EXPENSES OF THE CONSULTANT ARE PAYABLE FROM CODE NO. 011.1120.00312 IN AN AMOUNT NOT TO EXCEED$9,930,AND SAID AMOUNT MUST INCLUDE ALL FEES AND EXPENSES PAID TO AND BY THE CONSULTANT PURSUANT TO THE TERMS OF THIS AGREEMENT. 1 • IT IS FURTHER AGREED THAT THIS AGREEMENT MAY BE 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. THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY,AT ANY TIME,FOR ANY REASON WHATSOEVER. 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 CONSULTANT IS CONTINUING TO PROVIDE ALL SERVICES PURSUANT TO THE AGREEMENT UP TO THE DATE OF TERMINATION. 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 TO THIS 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. 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 OF THE COSTS OF ARBITRATION AND ALL MATTERS RELATED THERETO. IN THAT REGARD, THE PARTIES SHALL MUTUALLY SELECT ONE ARBITRATOR, BUT TO THE EXTENT 2 THE PARTIES CANNOT AGREE UPON THE ARBITRATOR,THEN THE AMERICAN ARBITRATION ASSOCIATION SHALL APPOINT ONE. JUDGMENT 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. 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 $9,930.00. 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$9,930.00 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 CONSULTANT FOR DAMAGES IN AN AMOUNT IN EXCESS OF$9,930.00 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 SUBPARAGRAPH 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. 3 ALL NOTICES UNDER THE TERM OF THIS AGREEMENT SHALL BE SENT TO THE FOLLOWING: CONSULTANT: MIAMI DADE COMMUNITY COLLEGE SCHOOL OF JUSTICE AND SAFTEY 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 CITY OF MIAMI BEACH, a Florida municipal corporation By 44,4,61./L CITY MANAGER, ROGER M. CARLTON ATTEST: CITY CLERK • ti B )`--1Y CONSULTANT FORM AP"O £L: 4,./ 15-1•1?-# ° OFFICE OF THE CITY ATTOR Y PERS DEPT REV:06/24/93 PO DISK 4 • EXHIBIT A • Page 1 of 2' BEACH of MIAMICITY (r;I CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE PERSONNEL DEPARTMENT _ Telephone 673-75 June 1, 1993 Mary Brown, Test Measurement Specialist Assessment Center School of Justice & Safety Administration Miami Dade Community College - North Campus 11380 NW 27 Avenue Miami, FL 33167-3495 Dear Ms. Brown: This is to confirm our conversation regarding the following items: 1. The City of Miami Beach is scheduled to run entry-level Police Officer/Trainee candidates through the Assessment Center the week of July 12, 1993. a. The City expects approximately 50 candidates b. The Assessment Center can run 10 candidates per day c. Each team of 3 Assessors can evaluate approximately 7 candidates per day 2. The exercise will consist of the composite interactive exercise. The candidates will be scored on the report writing/Written communications skills, however this score will be used for training purposes only and will NOT be included in determining Assessment Center overall score. 3. Assessor refresher and final training will take place July 15, 1993, from 1 -4PM at the Assessment Center. The 14 assessors, who attended training in February, will participate. . 4. The assessors will begin their evaluation of candidates on July 16 if possible or July 17, dependent upon the number of candidates. The evaluations will begin at 8:30 until approximately 3:30PM. Assessors evaluations will continue on July 19, and run through July 21, dependent upon number of candidates. 5. There will be an extra cost of less than $1000 for work on Jul; 17. 6. Everything possible will be done to give verbal pass/fail results to the City by July 22. It would be greatly appreciated if you could send me a proposed contract Including costs so that we can formalize our agreement. Thank you for all of your help in meeting the City's needs. Sincerely, T. C. Adderly Personnel Director TCA:GPL:tc ,.... r1----- EXHIBIT A Page 2 of 2 V) Miami-Dade COMMUNITY COLLEGE North Campus. June 6, 1993 liaIlsaTtg Mr. T.C. Adderly, Director SUN 7 1993 City of Miami Beach Personnel Department PERSONNEL DEPARTMENT 1700 Convention Center Drive By _-.---- - Miami Beach, FL 33139 Dear Mr. Adderly: As a follow up to our conversation on Wednesday, May 26 the week of July 12th has tentatively been reserved to evaluate entry level police officer candidates for Miami Beach Police Department. It is my understanding the Personnel Department will be processing between 23 and 50 candidates on that week and that assessor refresher training will begin on or about July 15th dependent upon the size of the candidate pool. In order to accommodate your request for assessment dates during the month of July, we had to go to considerable length including adjusting staff vacation schedules, and days off. Therefore, the above mentioned dates can be held until June 15th pending a letter from you accepting the term of the proposal. Once confirmation has been received these dates will become firm and we will identify and train several individuals from our pool of professional actors to serve as role players in the process. As we discussed, ten candidates will be assessed per day. These ten candidates will be run in two cycles of five each beginning at 8:00 a.m. and 1:30 p.m. respectively. Center policy and the nature of the testing process dictates that late arrivals will not be admitted; therefore, it is important that the person responsible for scheduling of candidates in your agency make this requirement clear when notifying candidates of assessment center report date and time. Feel free to contact me at 237-1476 if you have questions. I look forwarding to hearing from you soon. Sincerely, L/7/ U7( f7\1&/..r--24r)-%.....— Mary L. Brow Test and Measurement Specialist MB:sp cc: Lorren Oliver RESOLUTION NO. 93-2081 7 Determining Miami-Dade Community College • Scl ool of Justice and Safety, • Administriation, Assessment Center (MDCC Assessment Center) to be sole source, waving the competitive bidding process, and authorizing the City Manager to enter into a professional service agreement between the City of Miami Beach and MDCC Assessment Center for administration of the assessment center instrument for the classification of Police Officer/Trainee.