Resolution 94-21041 •
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RESOLUTION NO. 94-21041
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION . OF THE CITY OF MIAMI BEACH,
FLORIDA, WAIVING THE COMPETITIVE BIDDING
PROCESS, AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE FOUR (4) PROFESSIONAL
SERVICES AGREEMENTS BETWEEN THE CITY OF MIAMI
BEACH1AND THE MIAMI-DADE COMMUNITY COLLEGE,
SCHOOL OF JUSTICE AND SAFETY ADMINISTRATION,
ASSESSMENT CENTER FOR JOB ANALYSIS AND
ASSESSMENT CENTER INSTRUMENT ADMINISTRATION •
AND VALIDATION FOR THE POLICE OFFICER/TRAINEE
CLASSIFICATION: REPEALING RESOLUTION NUMBER
94-21027 ADOPTED JANUARY 19, 1994.
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 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
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 one phase of Interim Hiring; and
Whereas, it is projected that the DOJ will have agreed to the use of the Interim
Hiring program for a second phase of Interim Hiring by January 14; 1994, or soon
thereafter; 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 successful use of the Assessment Center instrument, as a critical
component of the Interim Hiring Program, in the First phase of Interim Hiring, yielded
results consistent with the City's desire for diversity, resulting in the appointment of five
Hispanic, five Black, and five non-Hispanic White Police Officer/Trainees; and
Whereas, the Miami-Dade Community College (MDCC) Assessment Center
develops, validates, 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, validated, and 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, evaluating over 3,400 entry-level candidates, and
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has administered the Assessment Center instrument to 34 City of Miami Beach Police
Officer/Trainee candidates in the first phase of Interim Hiring, and is therefore, thoroughly
and uniquely familiar with the Assessment Center instrument and its validation; and
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Whereas, the MDCC Assessment Center has agreed to perform a job analysis and
validate the Assessment Center instrument for the job duties of a City of Miami Beach
Police Officer/Trainee; and
Whereas, the performance of a job analysis and test validation will help to insure the
administration of fair job-related selection procedures and to protect the City against
litigation under Federal law, especially Title VII of the Civil Rights Act; 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 second 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 provide role player and Assessor
reorientation between January 31, and February 11, 1994,and to administer the Assessment
Center instrument for the City of Miami Beach from February 21, through March 11, 1994;
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
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 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 four (4) attached Professional Services Agreements between the
City and the MDCC Assessment Center, in consideration for an amount not to exceed
$28,600 total for all four (4) Agreements, including all out-of-pocket and other expenses
incurred by the MDCC Assessment Center. The Mayor and the City Commission authorize
the City Manager to exercise the option of extending said contract for the evaluation of up
to 25 additional candidates for an additional $175/candidate plus role player costs, not to
exceed an additional $4,875 including all out-of-pocket and other expenses incurred by
MDCC Assessment Center.
This resolution repeals Resolution Number 94-21027 adopted on January 19, 1994.
PASSED AND ADOPTED this grid day of February , 1994.
Attest:
-C/42,t1
City Clerk, Richard E. Brown ayor, eymour elber
Approved as to Form:
3 G-
Office Of The City Attorney
z- ({- �� S S
Date
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CITY OF MIAMI BEACH
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. --161 -01k1
TO: Mayor Seymour Gelber and DATE: February 2, 1994
Members of the City Commission
FROM: Roger M. Ca t
City Manager
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SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH MIAMI-DADE
COMMUNITY COLLEGE, SCHOOL OF JUSTICE AND SAFETY
ADMINISTRATION ASSESSMENT CENTER FOR JOB ANALYSIS AND
ADMINISTRATION AND VALIDATION OF ASSESSMENT CENTER TEST
INSTRUMENT
ADMINISTRATIVE RECOMMENDATION:
It is recommended that the Mayor and the City Commission waive the competitive bid
process, in accordance with City Code 31A, Paragraph 10e, and authorize the Mayor and
the City Clerk to execute the four (4) attached Professional Service Agreements with the
Miami-Dade Community College (MDCC) Assessment Center to perform job analysis and
to administer, validate, 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 $28,600. -�
Funds are available from the Police Department's Professional Services budget, Account
Number 011.1110.000312.
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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 proper 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 permanent selection procedures are in place consistent with the Consent Decree. The
DOJ and the court previously agreed that the City may use the Interim Hiring Program for
one phase of the Interim Hiring. Since the City again needs to increase its law enforcement 30
staffing, the City sent a second proposal to the DOJ for utilization of the Interim Hiring
Program for a second phase of Interim Hiring. It is projected that approval will have been
received from the DOJ by January 14, 1994, or soon thereafter. .,
AGENDA R_ _
ITEM 1 l �J
DATE a _
BACKGROUND - continued:
In addition, the MDCC Assessment Center instrument was successfully administered to
thirty-four (34) City of Miami Beach Police Officer/Trainee candidates in the first phase of
Interim Hiring. The results of the first Interim Hiring, using the Assessment Center
instrument, were consistent with the City's desire for diversity. The first administration
resulted in the appointment of five Hispanic, five Black, and five non-Hispanic White Police
Officer/Trainees.
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 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 (again saving the City at least $8,000) for the second phase of the Interim
Hiring Program.
To further the efforts to administer a fair and job-related selection procedure, the attached
agreement for Professional Services includes job analysis and validation of the Assessment
Center instrument for the duties of,a City of Miami Beach Police Officer.
One combined Professional Service Agreement was approved by the Mayor and the City
Commission on January 19, 1994. The one previously approved Agreement is now being
separated into four Agreements to expedite Police Officer hiring.
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.
A second 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, is expected to be agreed to by the DOJ.
The Assessment Center process can be administered February 21, through 11, 1994.
The City Manager may exercise the option of having the MDCC Assessment Center
evaluate up to 25 additional candidates for an additional $175/candidate plus role player
costs (not to exceed an additional $4,875). This refers to Agreement Number 4 below.
On January 19, 1994, the Mayor and the City•Commission approved a combined contract
with MDCC for the services listed below. To accelerate the Police Officer hiring process,
the services are being divided into four (4) separate Professional Service Agreements. The
four (4) Agreements cover the same services for the same cost as was approved January 19,
1994. The Agreements are now separated as follows:
Agreement 1 - Assessor Reorientation and Role
Players for 50 candidates - $1,850
Agreement 2 - Candidate Assessment of 50
candidates - $8,750
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ANALYSIS - continued:
Agreement 3 - Job Analysis and Validation
$18,000
Agreement 4 - Additional 25 candidate assessment
and Role Players per the City
Manager's discretion - $4,875.
CONCLUSION:
In view of the,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,
Commission approval is requested authorizing the Mayor and the City Clerk to execute this
Agreement for Professional Services.
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Attachments
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CITY OF MIAMI BEACH
PURCHASE OF PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT; MADE THE 2nd DAY OF FEBRUARY IN THE YEAR OF 1994, 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 PERFORM ROLE PLAYERS AND
ASSESSOR REORIENTATION BETWEEN JANUARY 31, AND MARCH 11, 1994.
THE PARTIES HERETO FURTHER AGREE TO THE FOLLOWING CONDITIONS: TOTAL
ASSESSMENT CENTER PRICE INCLUDING RELATED MATERIAL, ROLE PLAYERS, AND
ASSESSOR REORIENTATION, NOT TO EXCEED ONE THOUSAND EIGHT HUNDRED FIFTY
DOLLARS($1,850)INCLUDING ALL OUT-OF-POCKET AND OTHER EXPENSES INCURRED BY THE
CONSULTANT. CONSULTANT WILL BE RESPONSIBLE FOR FURNISHING AN INVOICE
FOLLOWING CONCLUSION OF ASSESSMENT CENTER AND AT THE CONCLUSION OF THE
OTHER PROJECT PHASES.
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 THROUGH MARCH 11, 1994. FEES AND EXPENSES OF
THE CONSULTANT ARE PAYABLE FROM CODE NO. 011.1120.000312 IN AN AMOUNT NOT TO
EXCEED $1,850,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 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.
CMB HUMAN RESOURCES 3056 37529 F.,O1
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
ORIENTATION. THE CONSULTANT SHALL TAKE AFFIRMATIVE ACTION TO ENSURE THAT
MIAMI DADE COMMUNITY COLLEGE APPLICANTS ARE EMPLOYED AND THAT EMPLOYEES
ARE TREATED DURING THEIR EMPLOYMENT WPTHOUT REGARD TO THEIR RACE, COLOR,
RELIGION,ANCESTRY,GENDER,AGE,NATIONAL ORIGIN,PLACE OF BIRTH,MARITAL STATUS,
CITIZENSHIP,INTENDING CITIZENSHIP STATUS,DISABILITY,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.
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
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,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
2
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 (1%) OF THE TOTAL COMPENSATION TO THE CONSULTANT FOR
PERFORMANCE OF THIS AGREEMENT IS THE SPECIFIC CONSIDERATION FROM THE CITY TO
THE CONSULTANT FOR THE CONSULTANT'S INDEMNITY AGREEMENT. THE CONSULTANT'S
OBLIGATION UNDER THIS ARTICLE SHALL NOT INCLUDE THE OBLIGATION TO INDEMNIFY
THE CITY OF MIAMI BEACH AND ITS OFFICERS, EMPLOYEES AND AGENTS, FROM AND
AGAINST ANY ACTIONS OR CLAIMS WHICH ARISE OR ARE ALLEGED TO HAVE ARISEN FROM
NEGLIGENT ACTS OR OMISSIONS OR OTHER WRONGFUL CONDUCT OF THE CITY AND ITS
OFFICERS, EMPLOYEES AND AGENTS. THE PARTIES EACH AGREE TO GIVE THE OTHER
PARTY PROMPT NOTICE OF ANY CLAIM COMING TO ITS KNOWLEDGE THAT IN ANY WAY
DIRECTLY OR INDIRECTLY AFFECTS THE OTHER PARTY.
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
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.
3
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$1,850. 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 $1,850 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 $1,850 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.
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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
CITY OF MIAMI BEACH, a Florida
municip.4 corporation
B; A
MA O , SEYMOUR GELBER
ATTEST:
CITY CLERK, RICHARD E. BROWN
By 2 (1)g}-14-•_../-
CONSULTANT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
DATE
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MIAlVII BEACH POLICE DEPARTMENT
COST PROPOSAL
Training
Provide 1/2 day of assessor refresher training $ 250.00
Compensate six (6) role players for one 600.00
refresher training day - $100 per day
Compensate two (2) role players for up to 1,000.00
five (5) performance days at $100 per day
(combined)
$1,850.00
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CITY OF MIAMI BEACH
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PURCHASE OF PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, MADE THE 2nd DAY OF FEBRUARY IN THE YEAR OF 1994, 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, AND REPORT
RESULTS OF THE METRO-DADE COMPOSITE INTERACTIVE BURGLARY/DOMESTIC
DISTURBANCE EXERCISE FOR UP TO FIFTY (50) POLICE OFFICER/TRAINEE CANDIDATES
FROM FEBRUARY 21, THROUGH MARCH 11, 1994.
AT THE CITY'S DISCRETION, THE CITY MANAGER WILL HAVE THE AUTHORITY AND THE
OPTION OF EXTENDING THIS AGREEMENT TO INCLUDE THE EVALUATION OF UP TO 25
ADDITIONAL CANDIDATES FOR AN ADDITIONAL$175/CANDIDATE,PLUS ROLE PLAYER FEES
NOT TO EXCEED AN ADDITIONAL TOTAL OF SIX THOUSAND DOLLARS($6,000)INCLUDING ALL
OUT-OF-POCKET AND OTHER EXPENSES INCURRED BY THE CONSULTANT.
THE PARTIES HERETO FURTHER AGREE TO THE FOLLOWING CONDITIONS: TOTAL
ASSESSMENT CENTER PRICE INCLUDING RELATED MATERIAL, CANDIDATE ASSESSMENT
COST IS NOT TO EXCEED EIGHT THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($8,750)
INCLUDING ALL OUT-OF-POCKET AND OTHER EXPENSES INCURRED BY THE CONSULTANT.
CONSULTANT WILL BE RESPONSIBLE FOR FURNISHING AN INVOICE FOLLOWING CONCLUSION
OF ASSESSMENT CENTER AND AT THE CONCLUSION OF THE OTHER PROJECT PHASES.
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.
CMB HUMAN RESOURCES 3056737529 P. 02
THIS AGREEMENT SHALL BE IN EFFECT THROUGH MARCH 11, 1994. FEES AND EXPENSES OF
THE CONSULTANT ARE PAYABLE FROM CODE NO. 011.1120.000312 IN AN AMOUNT NOT TO
EXCEED $8,750,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 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.
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
ORIENTATION. 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.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.
WITH RESPECT TO THE PERFORMANCE OP 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
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,FOR ANY REASON
WHATSOEVER. IN THE EVENT OF SUCH TERMINATION,THE CONSULTANT SHALL BE PAID
2
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;AND TO THAT EXTENT,THE
CONSULTANT SHALL PAY ALL SUCH CLAIMS AND LOSSES AND SHALL PAY ALL SUCH COSTS
AND JUDGEMENTS WHICH MAY ISSUE FROM ANY LAWSUIT ARISING FROM SUCH CLAIMS
AND LOSSES,AND SHALL PAY ALL COSTS AND ATTORNEYS FEES EXPENDED BY THE CITY IN
THE DEFENSE OF SUCH CLAIMS AND LOSSES, INCLUDING APPEALS. THE PARTIES AGREE
THAT ONE PERCENT (1%) OF THE TOTAL COMPENSATION TO THE CONSULTANT FOR
PERFORMANCE OF THIS AGREEMENT IS THE SPECIFIC CONSIDERATION FROM THE CITY TO
THE CONSULTANT FOR THE CONSULTANT'S INDEMNITY AGREEMENT. THE CONSULTANT'S
OBLIGATION UNDER THIS ARTICLE SHALL NOT INCLUDE THE OBLIGATION TO INDEMNIFY
THE CITY OF MIAMI BEACH AND ITS OFFICERS, EMPLOYEES AND AGENTS, FROM AND
AGAINST ANY ACTIONS OR CLAIMS WHICH ARISE OR ARE ALLEGED TO HAVE ARISEN FROM
NEGLIGENT ACTS OR OMISSIONS OR OTHER WRONGFUL CONDUCT OF THE CITY AND ITS
OFFICERS, EMPLOYEES AND AGENTS. THE PARTIES EACH AGREE TO GIVE THE OTHER
PARTY PROMPT NOTICE OF ANY CLAIM COMING TO ITS KNOWLEDGE THAT IN ANY WAY
DIRECTLY OR INDIRECTLY AFFECTS THE OTHER PARTY.
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
3
.
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$8,750. 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 $8,750 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 $8,750 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.
•
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.
CITY OF MIAMI BEACH, a Florida
munic. 1 corporation
OR, OUR G ER
ATTEST:
CITY CLERK, RICHARD E. BROWN
By
CONS TANT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
1 - Z t- �..I
DATE
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MIANII BEACH POLICE DEPARTMENT
COST PROPOSAL
Candidate Cost
$175 Per candidate $5,250 - $8,750
To assess 30 - 50 candidates, administer
process, monitor and record evaluation,
prepare report, provide feedback, etc.
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•
•
CITY OF MIAMI BEACH
PURCHASE OF PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, MADE THE 2nd DAY OF FEBRUARY IN THE YEAR OF 1994, 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 PERFORM JOB ANALYSIS AND TO
VALIDATE AND REPORT RESULTS OF THE METRO-DADE COMPOSITE INTERACTIVE
BURGLARY/DOMESTIC DISTURBANCE EXERCISE.
THE PARTIES HERETO FURTHER AGREE TO THE FOLLOWING CONDITIONS: TOTAL
ASSESSMENT CENTER PRICE INCLUDING RELATED MATERIAL, JOB ANALYSIS, AND
VALIDATION AND TECHNICAL REPORTS TO BE SUPPLIED IS NOT TO EXCEED EIGHTEEN
THOUSAND DOLLARS ($18,000) INCLUDING ALL OUT-OF-POCKET AND OTHER EXPENSES
INCURRED BY THE CONSULTANT. CONSULTANT WILL BE RESPONSIBLE FOR FURNISHING AN
INVOICE FOLLOWING CONCLUSION OF ASSESSMENT CENTER AND AT THE CONCLUSION OF
THE OTHER PROJECT PHASES.
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 UNTIL THE COMPLETION OF THE VALIDATION
STUDY AND DELIVERY OF THE JOB ANALYSIS AND VALIDATION TECHNICAL REPORTS. FEES
AND EXPENSES OF THE CONSULTANT ARE PAYABLE FROM CODE NO. 011.1120.000312 IN AN
AMOUNT NOT TO EXCEED $18,000, AND SAID AMOUNT MUST INCLUDE ALL FEES AND
EXPENSES PAID TO AND BY THE CONSULTANT PURSUANT TO THE TERMS OF THIS
AGREEMENT.
OMB HUMAN RESOURCES 3056737529 P. 02
IT IS FURTHER AGREED THAT THIS AGREEMENT MAY BE ALTERED, EXTENDED AND
AMENDED ONLY UPON THE WRITTEN CONSENT or 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,
MARITALL STATUS, CITIZENSHIP, INTENDING CITIZENSHIP STATUS, DISABILITY, OR SEXUAL
ORIENTATION. 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.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.
WITH RESPECT TO THE PERFORMANCE OF THE SERVICES, THE CONSULTANT SHALL
EXERCISE THAT DEGREE OF SKILL, CARE, EFFICIENCY AND DILIGENCE NORMALLY
EXERCISED:AY 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
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,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.
2
•
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;AND TO THAT EXTENT,THE
CONSULTANT SHALL PAY ALL SUCH CLAIMS AND LOSSES AND SHALL PAY ALL SUCH COSTS
AND JUDGEMENTS WHICH MAY ISSUE FROM ANY LAWSUIT ARISING FROM SUCH CLAIMS
AND LOSSES,AND SHALL PAY ALL COSTS AND ATTORNEYS FEES EXPENDED BY THE CITY IN
THE DEFENSE OF SUCH CLAIMS AND LOSSES, INCLUDING APPEALS. THE PARTIES AGREE
THAT ONE PERCENT (1%) OF THE TOTAL COMPENSATION TO THE CONSULTANT FOR
PERFORMANCE OF THIS AGREEMENT IS THE SPECIFIC CONSIDERATION FROM THE CITY TO
THE CONSULTANT FOR THE CONSULTANT'S INDEMNITY AGREEMENT. THE CONSULTANT'S
OBLIGATION UNDER THIS ARTICLE SHALL NOT INCLUDE THE OBLIGATION TO INDEMNIFY
THE CITY OF MIAMI BEACH AND ITS OFFICERS, EMPLOYEES AND AGENTS, FROM AND
AGAINST ANY ACTIONS OR CLAIMS WHICH ARISE OR ARE ALLEGED TO HAVE ARISEN FROM
NEGLIGENT ACTS OR OMISSIONS OR OTHER WRONGFUL CONDUCT OF THE CITY AND ITS
OFFICERS, EMPLOYEES AND AGENTS. THE PARTIES EACH AGREE TO GIVE THE OTHER
PARTY PROMPT NOTICE OF ANY CLAIM COMING TO ITS KNOWLEDGE THAT IN ANY WAY
DIRECTLY OR INDIRECTLY AFFECTS THE OTHER PARTY.
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
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
3
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$18,000. 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$18,000 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$18,000 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.
•
4
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
CITY OF MIAMI Blorida
: çb0J
ER
ATTEST:
.e.--(et:-C.A.#,._0.."...szk C.---Ta-N-eve......„.
CITY CLERK, RICHARD E. BROWN
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By �, , ��{''
CONSU ANT
APPROVED AS TO FORM:
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OFFICE OF THE CITY ATTORNEY
I - Z1— �`�
DATE
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5
•
MIAMI BEACH POLICE DEPARTMENT
COST PROPOSAL
Job Analysis $ 8,000
A job analysis will be conducted to assess job content so that knowledge, skills, and
abilities and other requisite employee specifications can be identified. A list of
critical task statements and their prerequisite knowledge, skills, and abilities (KSA's)
will be identified.
II. Validation $10,000
A content validation strategy will be conducted to determine the commonalities that
exist between the critical KSA's derived from the Metro-Dade Police Department job
analysis and those derived from the Miami Beach Police Department job analysis.
Next, a criterion-referenced predictive validation strategy will be conducted to
determine the viability of the assessment center in predicting success in the training
academy and also to determine how well the assessment center predicts success on
the job.
$18,000.00
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6