97-22369 RESO Incomplete
RESOLUTION NO. 97-22369
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND THE CITY COMMISSION TO WAIVE, BY 5/7THS
VOTE, THE COMPETITIVE BIDDING REQUIREMENT 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 TRAINING, ROLE
PLAYER TRAINING, REPORTING RESULTS, AND CANDIDATE
REVIEW, FOR UP TO 150 POLICE OFFICER/TRAINEE
CANDIDATES, IN AN AMOUNT NOT TO EXCEED $41,855; 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
Officerrrrainees 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 Officerrrrainees 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 OOJ and approved by the court; and
Whereas, the City developed such an Interim Hiring Program and the OOJ and the court
previously agreed to its use for the previous phases of Interim Hiring; and
Whereas, DOJ agreed to allow the City to proceed with the next phase of the Interim Hiring
Program; 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 Officerrrrainee 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 Officerrrrainees; and
Whereas, the Miami-Dade Community College (MOCC) 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 OfficerfTrainee
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
approved by DOJ; and
WhE!reas, the Mayor and the City Commission wish to expedite the administration
of the Police OfficerfTrainee 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, by 517ths vote, the competitive bidding requirement and authorize the Mayor and City Clerk
to execute the attached Professional Services Agreement between the City and the MDCC
Assessment Center, as sole source, in consideration for an amount not to exceed $41,855 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 7th
day of
May
.1997.
ATTEST:
10
FORM & LANGUAGE
& FOR EXECUl10N
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CITY CLERK
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI' BEACH
COMMISSION MEMORANDUM NO, .;)qc; -97
TO:
Mayor Seymour Gelber and
Members or the City Commission
DATE:
May 7, 1997
FROM:
Jose Gan:ia_pedros~
City Manager .
WAIVE, BY 5n S VOTE, COMPETITIVE BIDDING AND EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH MIAMI-DADE COMMUNITY
COLLEGE FOR ASSESSMENT CENTER ADMINISTRATION FOR UP TO 150
POLICE OFFICERlTRAINEE CANDIDATES AND AUTHORIZING THE CITY
MANAGER TO EXTEND SAID AGREEMENT FOR UP TO 50 ADDITIONAL
CANDIDATES
SUBJECT:
ADMINISTRATIVE RECOMMENDATION:
It is recommended that the Mayor and the City Commission waive the competitive bidding process,
in accordance with City Code 31A, Paragraph 10e, and authorize the Mayor and the City Clerk to
execute the attached Professional Service Agreement 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 OfficerlTrainee 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:
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 Departmenfs Professional Services budget, Account Number
011.1110.000312, subject to OMB approval.
BACKGROUND:
The City entered into a Consent Decree with the Department of Justice (DOJ) covering the hiring
of Police OOcerlTrainees, In the Consent Decree, all parties recognized the continuing need of
the City to hire Police OfficerlTrainees 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 Interim Hiring. Since it has been determined that additional Police OfficerlTrainees
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.
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 OfficerlTrainee
AGENDA ITEM
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DATE
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.
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, 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. This oarticular Assessment Center exercise is the only process DOJ has let us
use in conjunction with a physical ability test and oral interview.
CONCLUSION:
In view of the fact that the MDCC Assessment Center is thoroughly familiar with the classification
of entry-level Police OfficerlTrainee; 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, by 517ths vote, the
competitive bidding requirement and authorize the Mayor and the City Clerk to execute the
attached Contract with the 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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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND MIAMI-DADE COMMUNITY COLLEGE, SCHOOL OF JUSTICE AND SAFETY
ADMINISTRATION, ASSESSMENT CENTER FOR THE PROVISION OF ASSESSMENT CENTER
SERVICES
THIS AGREEMENT made this day of , 1997, by and between the CITY OF
MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal representatives, and
assigns, and Miami-Dade Community College, School of Justice And Safety Administration, Assessment
Center (Consultant).
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, When the term
"Consultant" is used in this Agreement, it shall be deemed to include any sub-
consultants and any other person or entity acting under the direction or control of
Consultant.
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Final Acceptance:
"Final Acceptance" means notice from the City to the Consultant that the Consultant's
Services are complete as provided in Section 2 of this Agreement.
Fixed Fee:
Fixed amount paid to the Consultant to allow for its costs and margin of profit.
Project
Coordinator:
An individual designated by the City to coordinate, direct and review on behalf of the
City all technical matters involved in the Scope of Work and Services.
Risk Manager::
The Risk Management Division 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 below, if directed and authorized.
SECTION 2
SCOPE OF WORK AND SERVICES REQUIRED
The scope of work to be performed by the Consultant: includes: administer, score, report the results, and
provide candidate review of the Metro-Dade County composite interactive burglary/domestic disturbance
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Assessment Center exercise for up to one hundred fifty (150) City of Miami Beach Police OfficerlTrainee
candidates and to provide assessor training for new assessors designated by the City and assessor .
refresher and role player training.
SECTION 3
COMPENSATION
3,1
FIXED FEE
Consultant shall be compensated for providing the Services (as set forth in Section 2 of this
Agreement), on a fixed fee basis, not to exceed forty-one thousand, eight hundred fifty-five dollars
($41,855), including all out-of-pocket and other expenses incurred by the consultant as a total assessment
center price including, but not limited to, related material, role player and new assessor training, assessor
refresher for previous assessors, and role player training, role players during the administration of the
assessment center, and candidate assessment and review. The City will be charged only for those
candidates actually scheduled and for the number of days candidates are scheduled. The City shall not
be charged for assessing candidates for whom MDCC receives at least twenty-four (24) cancellation notice
from the City. 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).
3.2
METHOD OF PAYMENT
Consultant will be responsible for fumishing an invoice following conclusion of the project. Payment
shall be made to the Consultant pursuant to such invoice submitted. Invoices shall be accompanied by a
narrative progress report which supports the invoices, and shall contain a statement that the terms set forth
therein are true and correct and in accordance with the Agreement. Payment shall be made on such
invoices, if services and invoice are deemed acceptable and satisfactory to the City.
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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 and ordinances, including but not limited to applicable regulations of the City, County,
State, Federal Government, and ADA, EEO Regulations and Guidelines.
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 shall be filed by Consultant.
4,3
PROJECT MANAGEMENT
The Consultant shall appoint a qualified individual acceptable to the City to serve as Project Manager
to oversee the Services and who shall be fully responsible for the day-to-day activities under this Agreement
and shall serve as the primary contact for the City's Project Coordinator.
4,4 TERM OF AGREEMENT
The term of this Agreement shall be for the period commencing on the date of approval of this
Agreement by the Mayor and City Commission or the approval of MDCC, whichever is later, and shall expire
upon satisfactory completion of all services described herein.
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4,5
OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Consultant pursuant to this Agreement are related exclusively to the
Services, and are intended or represented for ownership by the City. Any reuse shall require the prior
written approval of the City.
4,6
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, attomeys' 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, errors, omissions or other wrongful conduct of the Consultant, its employees, agents, sub-consultants,
or any other person or entity acting under Consultant's control, in connection with the Consultant's
performance of the 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 judgments which may issue from any lawsuit arising
from such claims and losses, and shall pay all costs and attomey's 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 Section 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.
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4,7
INSURANCE REQUIREMENTS .
The Consultant shall not commence any work pursuant to this Agreement until all insurance required
under this Section has been obtained and certified copies of such insurance have been filed with and
approved by the City's Risk Manager, The Consultant shall maintain and carry in full force and effect during
the term of this Agreement the following insurance:
1. Consultant General Liability in the amount of $1,000,000.00.
2. Workers Compensation & Employers Liability as required pursuant to Florida Statutes,
3. Thirty (30) days' written notice of cancellation or substantial modification in any required insurance
coverage must be given to the City's Risk Manager by the Consultant and its insurance company.
4. Original certificates of insurance for the above coverage 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.
5. The Consultant is responSible for obtaining and submitting all insurance certificates for its sub-
consultants.
6. 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 coverage.
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4,7,1 Endorsements
All of Consultant's certificates, as required 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.
4.7.2 Certificates
Unless directed by the City otherwise, the Consultant shall not commence the Services 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.
4.8 TERMINATION, SUSPENSION AND SANCTIONS
4.8,1 Termination for Cause
If through any cause within the reasonable control of the Consultant, the Consultant shall fail to fulfill
in a timely manner, or otherwise violates 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. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its
violation of the particular terms of this Agreement and shall grant Consultant fifteen (15) days to cure such
default. If such default remains uncured after fifteen (15) days, the City, may terminate this Agreement by
giving written notice to the Consultant of such termination, which shall become effective upon receipt by
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
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reasonably withhold payments to the Consultant for the purposes of set-off until such time as the exact
amount of damages due the City from the Consultant is determined.
4,8,2 Termination for Convenience of City
The City may, without cause and 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 upon 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
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 for Convenience as provided for in this Section.
4,8,3 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 assignment for the benefit
of creditors. In such event, the right and obligations of the parties shall be the same as provided for in
Section 4.8.2.
4,8,4 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 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 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 4.82
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'.
4.8,5 Changes and Additions
Any such change by City shall be directed by a written Notice to and 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, 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.
4,9
ASSIGNMENT, TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement without the
prior written consent of the City. When applicable, and upon receipt of such consent in writing, the
Consultant shall cause the names of the consulting firms responsible for the major portion of each separate
specialty of the Services to be inserted into the pertinent documents or data. The Consultant shall include
in such sub-contracts 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.
4,10 SUB-CONSULTANTS
The Consultant shall be liable for all sub-consultants' services, responsibilities and liabilities under
this Agreement and the services, responsibilities and liabilities of sub-consultants, and any other person or
entity acting under the direction or control of the Consultant. When the term "Consultant" is used in this
Agreement, it shall be deemed to include any sub-consultants and any other person or entity acting under
the direction or control of Consultant.
4,11 EQUAL EMPLOYMENT OPPORTUNITY/ADA NON-DISCRIMINATION POLICY
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
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origin, place of birth, marital status, citizenship status, disability, 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 race, color, religion, ancestry, gender, age, national origin, place of birth, -
marital status, 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.
Consultant agrees to adhere to and be govemed 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.
Consultant must complete and submit the City's Disability Non-Discrimination Affidavit (Affidavit). In
the event Consultant fails to execute the 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 Consultant under the Agreement until compliance
and/or cancellation, termination or suspension of the Agreement. In the event, the City cancels or
terminates the Agreement pursuant to this Section, Consultant shall not be relieved of liability to the City for
damages sustained by the City by virtue of Consultant's breach of the Agreement.
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4.12 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 contract 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 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.
4.13 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.
4.14 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 shall be designated promptly upon commencement of
the Services.
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. .
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:
Assessment Center
Attn: Lorren Oliver
School of Justice and Safety Administration
Miami-Dade Community College
11380 NW27 Avenue, Room 8324
Miami, FL 33167-3495
TO CITY:
Office of The City Manager
Attn: Jose Garcia-Pedrosa, City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7010
WITH COPIES TO:
Office of the City Attomey
Attn: Murray H. Dubbin, City Attorney
City of Miami Beach .
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7470
Notices hereunder shall be effective:
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.
4.15 ENTIRETY OF AGREEMENT
This writing and the Scope of Services 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 Scope of Services are
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hereby incorporated by reference into this Agreement to the extent that the terms and conditions contained
in the Scope of Services are consistent with the Agreement. To the extent that any term in the Scope of .
Services 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 Mayor and City Commission of the City of
Miarni Beach.
4.16 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 its liability for any such breach never exceeds the sum of $1 0,000.00. 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 $10,000.00.
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 $10,000.00,
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 paragraph 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 Section 768.28, Florida Statutes.
4.17 VENUE
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 or all of the terms or conditions herein, exclusive venue
for the enforcement of same shall lie in Dade County, Florida.
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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, FLORIDA
ATTEST:
BY:
CITY CLERK
BY:
MAYOR
FOR CONSULTANT:
MIAMI-DADE COMMUNITY
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