Loading...
95-21622 RESO Incomplete , RESOLUTION NO. 95-21622. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO WAIVE THE BIDDING PROCESS AND EXECUTE THE PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI-DADE COMMUNITY COLLEGE, SCHOOL OF JUSTICE AND SAFETY ADMINISTRATION, FOR ASSESSMENT CENTER ADMINISTRATION AND ASSESSOR REFRESHER TRAINING FOR THE POLICE OFFICER/TRAINEE CLASSIFICATION, AND AUTHORIZING THE CITY MANAGER THE OPTION OF EXTENDING SAID CONTRACT FOR THE EVALUATION OF UP TO 30 ADDITIONAL CANDIDATES. 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 OfficerfTrainees 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 OfficerfTrainees 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 two phases of Interim Hiring; and Whereas, it is projected that the DOJ will agree to the City's proposal for a third use 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 OfficerfTrainee candidates; and Whereas, the successful use of the Assessment Center instrument, as a critical component of the Interim Hiring Program, in the First and Second phases of Interim Hiring, yielded results consistent with the City's desire for diverse Police OfficerfTrainees; and Whereas, the Miami-Dade Community College (MElCG) 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 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 has administered the Assessment Center instrument to 34 City of Miami Beach Police OfficerfTrainee candidates in the first phase of Interim Hiring, and is therefore, thoroughly and uniquely familiar with the Assessment Center instrument and its validation; and Whereas, the MDCC Assessment Center is currently under contract to perform a job analysis and validate the Assessment Center instrument for the job duties of a City of Miami Beach Police OfficerfTrainee; and Whereas, the performance of such 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 City wishes to continue to utilize the expert services rendered to the City by 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 instrLii'hent, for the third phase of the Interim Hiring Progrem; end 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 conduct Assessment Center Refresher training and to administer the Assessment Center instrument for the City of Miami Beach from July 10, through August 30,1995; and Whereas, the Mayor and the City Commission wish to expedite the administration of the Police OfficerfTrainee examination and deems it in the best interest of the City to execute 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 authorize the Mayor and City Clerk to execute the attached Professional Services Agreement between the City and the MDCC Assessment Center, in consideration for an amount not to exceed $45,400, 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 30 additional candidates for an additional $227/candidate plus role player costs, not to exceed an additional $6,810 including all out-of-pocket and other expenses incurred by MDCC Assessment Center. PASSED AND ADOPTED this 21st day of June .1995. Attest: City Clerk, Richard E. Brown Mayor, Seymour Gelber FO~M APP VED E A PT. By ~ Date G /1!l:L_~ . '~ KHJ:mr UR DEPT DEV: O6Io,m: f:\SaJI\Comrn.ru\MDCCAC7.95 " ~e CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33'139 COMMISSION MEMORANDUM NO.--5n9.B5 TO: Mayor Seymour Gelber and Memben of the City Commission DATE: June 21, 1995 FROM: Jose Garcia-Pedrosa City Manager ~tdJ J3nzta~~J~.' PROFESSIONAL SERVICES AGREEMENT WITH MIAMI-DADE COMMUNITY COLLEGE, SCHOOL OF JUSTICE AND SAFETY ADMINISTRATION ASSESSMENT CENTER FOR ADMINISTRATION OF ASSESSMENT CENTER TEST INSTRUMENT SUBJECT: ,. ADMINISTRATIVE RECOMMENDATION: It is recommended that the Mayor and the City Commission waive the competitive bid process, in accordance with City Code 31A, Paragraph lOe, and authorize the Mayor and the City Clerk to execute the five (5) attached Professional Service Agreements with the Miami-Dade Community College (MDCC) Assessment Center to administer, score, and report results of the Metropolitan Dade County Composite Interactive Assessment Center instrument to up to two hundred (200) City of Miami Beach Police Officer/Trainee candidates. CONTRACT AMOUNT AND FUNDING: Not to exceed $45,400 total for all five (5) contracts. 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 (D01) 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 534 AGENDAITEM~ 'DATE~ BACKGROUND - continued: enforcement staffmg. 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 two phases of Interim Hiring. Since the City again needs to increase its law enforcement staffing, the City sent a third proposal to the DOJ for utilization of the Interim Hiring Program for a third phase ofInterim Hiring. It is projected that approval will have been received from the DOJ by June 23, 1995, or soon thereafter. 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 5 Hispanic, 5 Black, and 5 non-Hispanic White Police Officerrrrainees and the second administration resulted in the hiring of 15 Hispanics, 7 Blacks, and 18 Non-Hispanic Whites.. 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 Officerrrrainee 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 third phase of the Interim Hiring Program. To further the efforts to administer a fair and job-related selection procedure, the City currently has a Professional Services Agreement with MDCC to perform a job analysis and validation of the Assessment Center instrument for the duties of a City of Miami Beach Police Officer. 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 third 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 July 10, through August 30, 1995. The City Manager may exercise the option of having the MDCC Assessment Center evaluate up to 30 additional candidates for an additional $227/candidate (not to exceed an additional $6,810). 535 ANALYSIS - continued: To accelerate the Police Officer hiring process, the services are being divided into five (5) separate Professional Service Agreements. The Agreements are separated as follows: Agreement I - Agreement 2 - Agreement 3 - Agreement 4 - Agreement 5 - CONCLUSION: Assessor Refresher Training, Role Player Training and Services, and Candidate Assessment of 44 candidates - $9,988 Assessor Refresher Training, Role Player Training and Services, and Candidate Assessment of 44 candidates - $9,988 Assessor Refresher Training, Role Player Training and Services, and Candidate Assessment of 44 candidates - $9,988 Assessor Refresher Training, Role Player Training and Services, and Candidate Assessment of35 candidates - $7,945 Assessor Refresher Training, Role Player Training and Services, and candidate Assessment for 33 candidates - $7,491 In view of the fact that the MDCC Assessment Center is thoroughly familiar with the classification of entry-level Police Officerrrrainee, 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 Interim Hiring on two (2) previous occasions, Commission approval is requested authorizing the Mayor and the City Clerk to execute these Agreements for Professional Services, GPL:cp F:\SALL\COMM.MEM\COMMOASS.MDC Attachments .' 536 CITY O}' MIAMI BEACH . PURCHASE OF PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, MADE THE _ DAY OF JUNE IN THE YEAR OF 1995, BY AND BETWEEN THE CITY OF MIAMI BEACH ("CITY") AND MIAMI DADE COMMUNITY COLLEGE, SCHOOL OF mSTICE & SAFETY ADMINISTRATION, ASSESSMENT CENTER, ("CONSULT ANT"), FOR CONSULTANT SERVICES AS STATED HEREIN: TO ADMINISTER, SCORE, AND REPORT RESULTS OF THE METRO-DADE COMPOSITE INTERACTIVE BURGLARYIDOMESTIC DISTURBANCE EXERCISE FOR UP TO FORTY-FOUR (44) POLICE OFFICERfTRAINEE CANDIDATES FROM JULY 10, THROUGH AUGUST 30,1995. THE PARTIES HERETO FURTHER AGREE TO THE FOLLOWING CONDITIONS: TOTAL ASSESSMENT CENTER PRICE INCLUDING RELATED MATERIAL, ROLE PLAYER, ASSESSOR REFRESHER TRAINING AND CANDIDATE ASSESSMENT COST IS NOT TO EXCEED NINE THOUSAND NINE HUNDRED EIGHTY- EIGHT DOLLARS (59.988) INCLUDING ALL OUT-OF-POCKET AND OTHER EXPENSES INCURRED BY THE CONSULT ANT. 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. THE CONSULTANT AGREES AND ACKNOWLEDGES THAT TIME IS QF THE ESSENCE. THIS AGREEMENT SHAll. BE IN EFFECT TIlROUGH MARCH 11, 1994. FEES AND EXPENSES OF THE CONSULTANT ARE PAYABLE FROM CODE NO. 011.1120.000312 IN AN AMOUNT NOT TO EXCEED $9.988, 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 OBUGATIONS UNDER THIS AGREEMENT. IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT, THE CONSULTANT SHALL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPUCANT FOR EMPLOYMENT BECAUSE OF RACE, COLOR. REUGION, ANCESTRY, GENDER, AGE. NATIONAL ORIGIN. PLACE OF BIRTH, MARITAL STATUS, CITIZENSHIP, INTENDING CITIZENSHIP STATUS. DISABIUTY, OR SEXUAL ORIENTATION, THE CONSULTANT SHALL TAKE AFFIRMATIVE ACTION TO ENSURE THAT MIAMI DADE COMMUNITY COLLEGE APPUCANTS ARE EMPLOYED AND THAT EMPLOYEES ARE TREATED DURING THEIR EMPLOYMENT WITHOUT REGARD TO THEIR RACE, COLOR, REUGION, ANCESTRY, GENDER, AGE, NATIONAL ORIGIN, PLACE OF BIRTH, MARITAL STATUS, CITIZENSHIP. INTENDING CITIZENSHIP STATUS. DISABIUTY, OR SEXUAL ORIENTATION. SUCH ACTION SHALL INCLUDE, BUT NOT BE UMITED 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, 2 WITH RESPECT TO THE PERFORMANCE OF THE SERVICES, THE CQNSULTANT 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, ATIORNEYS' 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 ATIORNEYS 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 3 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, 4 THE CITY DESIRES TO ENTER INTO THIS AGREEMENT ONLY IF IN So.OOING 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 $9,988, 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 $9,988 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 $9.988 WHICH AMOUNT SHALL BE REDUCED BY THE AMOUNT ACTUALLY PAID BY THE CITY TO CONSULTANT PURSUANT TO THIS AGREEMENT, FOR ANY ACTION OR CLAIM FOR BREACH OF CONTRACT ARISING OUT OF THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS IMPOSED UPON THE CITY BY THIS AGREEMENT. NOTHING CONTAINED IN THIS SUBPARAGRAPH OR ELSEWHERE IN THIS AGREEMENT IS IN ANY WAY INTENDED TO BE A WAIVER OF THE LIMITATION PLACED UPON CITY'S LIABILITY AS SET FORTH IN FLORIDA STATUTES SECTION 768.28, 5 ALL NOTICES UNDER THE TERM OF THIS AGREEMENT SHALL BE ~ENT TO THE FOLLOWING: CONSULTANT: CITY: ATTEST: CITY CLERK, RICHARD E. BROWN KHJ;mr H.R. DEfT REV: 06JOS/~ F:/$ALLlCONTRACTIASSFSS.CTR MIAMI DADE COMMUNITY COLLEGE SCHOOL OF JUSTICE AND SAFETY ADMINISTRATION ASSESSMENT CENTER 11380 NW 27 AVENUE MIAMI, FL 33167-3495 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 WITH COPIES TO: OFFICE OF THE CITY A'ITORNEY CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 CITY OF MIAMI BEACH, a Florida municipal corporation By MAYOR, SEYMOUR GELBER By CONSULTANT fORM APP V'::J By lE ~_~ Date ~ 1-~/1 ~/' 6 CITY OF MIAMI BEACH PURCHASE OF PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, MADE THE _ DAY OF JUNE IN THE YEAR OF 1995, BY AND BETWEEN THE CITY OF MIAMI BEACH ("CITY") AND MIAMI DADE COMMUNITY COLLEGE, SCHOOL OF JUSTICE & SAFETY ADMINISTRATION, ASSESSMENT CENTER, ("CONSULTANT"), FOR CONSULT ANT SERVICES AS STATED HEREIN: TO ADMINISTER, SCORE, AND REPORT RESULTS OF THE METRO-DADE COMPOSITE INTERACTIVE BURGLARYIDOMESTIC DISTURBANCE EXERCISE FOR UP TO FORTY-FOUR (44) POLICE OFFICER/TRAINEE CANDIDATES FROM JULY 10, THROUGH AUGUST 30, 1995. THE PARTIES HERETO FURTHER AGREE TO THE FOLLOWING CONDITIONS: TOTAL ASSESSMENT CENTER PRICE INCLUDING RELATED MATERIAL, ROLE PLAYER, ASSESSOR REFRESHER TRAINING AND CANDIDATE ASSESSMENT COST IS NOT TO EXCEED NINE THOUSAND NINE HUNDRED EIGHTY- EIGHT DOLLARS ($9.988) 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, THE CONSULTANT AGREES AND ACKNOWLEDGES THAT TIME IS QF THE ESSENCE. 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 $9.988, 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, 2 WITH RESPECT TO THE PERFORMANCE OF THE SERVICES, THE CQNSULTANT 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 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 3 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 SETILED 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 WITII 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. 4 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 $9,988, 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 $9,988 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 $9.988 WHICH AMOUNT SHALL BE REDUCED BY THE AMOUNT ACTUALLY PAID BY THE CITY TO CONSULTANT PURSUANT TO THIS AGREEMENT, FOR ANY ACTION OR CLAIM FOR BREACH OF CONTRACT ARISING OUT OF THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS IMPOSED UPON THE CITY BY THIS AGREEMENT, NOTHING CONTAINED IN THIS SUBPARAGRAPH OR ELSEWHERE IN THIS AGREEMENT IS IN ANY WAY INTENDED TO BE A WAIVER OF THE LIMITATION PLACED UPON CITY'S LIABILITY AS SET FORTH IN FLORIDA STATUTES SECTION 768,28, 5 ALL NOTICES UNDER THE TERM OF THIS AGREEMENT SHALL BE ~ENT TO THE FOLLOWING: CONSULTANT: CITY: ATTEST: CITY CLERK, RICHARD E, BROWN OFFICE OF KlU;rnr ".R. DEPT REV: 06/05/95 F:/$ALUCONTRAcr/ASSESS.CTR MIAMI DADE COMMUNITY COLLEGE SCHOOL OF JUSTICE AND SAFETY ADMINISTRATION ASSESSMENT CENTER 11380 NW 27 AVENUE MIAMI, FL 33167-3495 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 ORNE MIAMI BEACH, FL 33139 CITY OF MIAMI BEACH, a Florida municipal corporatjon By MAYOR, SEYMOUR GELBER By CONSULTANT \'e'} '1 '_..., Date 6 CITY OF MIAMI BEACH . PURCHASEOFPROFES~ONALSERVICESAGREEMENT THIS AGREEMENT, MADE THE _ DAY OF JUNE IN THE YEAR OF 1995, BY AND BETWEEN THE CITY OF MIAMI BEACH ("CITY") AND MIAMI DADE COMMUNITY COLLEGE, SCHOOL OF JUSTICE & SAFETY ADMINISTRATION, ASSESSMENT CENTER, ("CONSULT ANT"), FOR CONSULT ANT SERVICES AS STATED HEREIN: TO ADMINISTER, SCORE, AND REPORT RESULTS OF THE METRO-DADE COMPOSITE INTERACTIVE BURGLARY mOMESTIC DISTURBANCE EXERCISE FOR UP TO FORTY-FOUR (44) POLICE OFFICERlTRAINEE CANDIDATES FROM JULY 10, THROUGH AUGUST 30, 1995. THE PARTIES HERETO FURTHER AGREE TO THE FOLLOWING CONDITIONS: TOTAL ASSESSMENT CENTER PRICE INCLUDING RELATED MATERIAL, ROLE PLAYER, ASSESSOR REFRESHER TRAINING AND CANDIDATE ASSESSMENT COST IS NOT TO EXCEED NINE THOUSAND NINE HUNDRED EIGHTY- EIGHT DOLLARS (59.988) INCLUDING ALL OUT-OF-POCKET AND OTHER EXPENSES INCURRED BY THE CONSULT ANT, 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, THE CONSULTANT AGREES AND ACKNOWLEDGES THAT TIME IS QF THE ESSENCE, 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 $9.988, 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, cmZENSHIP, INTENDING CrnzENSHIP 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, cmZENSHIP, INTENDING cmZENSHIP 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, 2 WITH RESPECT TO THE PERFORMANCE OF THE SERVICES, THE CQNSULTANT SHALL EXERCISE THAT DEGREE OF SKILL, CARE, EFFICIENCY AND DILIGENCE NORMALLY EXERCISED BY RECOGNIZED PROFESSIONALS WITH RESPECT TO TIlE PERFORMANCE OF COMPARABLE SERVICES, IN ITS PERFORMANCE OF THE SERVICES, TIlE 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, TIlE CONSULTANT SHALL BE PAID A SUM EQUAL TO PAYMENT DUE UP TO THE DATE OF TERMINATION OF TIllS 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 TIlE 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 TIlAT ONE PERCENT (1 %) OF THE TOTAL 3 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. 4 TIlE CITY DESIRES TO ENTER INTO lHlS AGREEMENT ONLY IF IN SO. DOING lHE 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 lHAT ITS LIABILITY FOR ANY SUCH BREACH NEVER EXCEEDS TIlE SUM OF $9,988, CONSULTANT HEREBY EXPRESSES ITS WILLINGNESS TO ENTER INTO lHIS AGREEMENT WITH CONSULTANT'S RECOVERY FROM THE CITY FOR ANY DAMAGE ACTION FOR BREACH OF CONTRACT TO BE LIMITED TO A MAXIMUM AMOUNT OF $9,988 LESS THE AMOUNT OF ALL FUNDS ACTUALLY PAID BY TIlE CITY TO CONSULTANT PURSUANT TO THIS AGREEMENT. ACCORDINGLY, AND NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF TIllS AGREEMENT, CONSULTANT HEREBY AGREES THAT TIlE CITY SHALL NOT BE LIABLE TO CONSULTANT FOR DAMAGES IN AN AMOUNT IN EXCESS OF ~ WHICH AMOUNT SHALL BE REDUCED BY THE AMOUNT ACTUALLY PAID BY THE CITY TO CONSULTANT PURSUANT TO THIS AGREEMENT, FOR ANY ACTION OR CLAIM FOR BREACH OF CONTRACT ARISING OUT OF TIlE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS IMPOSED UPON TIlE CITY BY TIllS AGREEMENT. NOTHING CONTAINED IN TIllS SUBPARAGRAPH OR ELSEWHERE IN THIS AGREEMENT IS IN ANY WAY INTENDED TO BE A WAIVER OF THE LIMITATION PLACED UPON CITY'S LIABILITY AS SET FORTII IN FLORIDA STATUTES SECTION 768.28, 5 ALL NOTICES UNDER THE TERM OF THIS AGREEMENT SHALL BE ~ENT TO THE FOLLOWING: CONSULTANT: CITY: ATTEST: CITY CLERK, RICHARD E. BROWN APPROVED AS TO FO KHJ;mr H.R. DEYr REV: 06I0S19S F:/$ALUCONTRACT/ASSESS.crR MIAMI DADE COMMUNITY COLLEGE SCHOOL OF JUSTICE AND SAFETY ADMINISTRATION ASSESSMENT CENTER 11380 NW 27 AVENUE MIAMI, FL 33167-3495 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 corporat!on By MAYOR, SEYMOUR GELBER By CONSULTANT FORM APP vc..J LE~ c/ ~ By ~~ Date ~/j~/15/"' 6 CITY OF MIAMI BEACH PURCHASE OF PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, MADE THE _ DAY OF JUNE IN THE YEAR OF 1995, BY AND BETWEEN THE CITY OF MIAMI BEACH ("CITY") AND MIAMI DADE COMMUNITY COLLEGE, SCHOOL OF JUSTICE & SAFETY ADMINISTRATION, ASSESSMENT CENTER, ("CONSULT ANT"), 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 THIRTY-FIVE (35) POLICE OFFICERlTRAINEE CANDIDATES FROM JULY 10, THROUGH AUGUST 30,1995, THE PARTIES HERETO FURTHER AGREE TO THE FOLLOWING CONDITIONS: TOTAL ASSESSMENT CENTER PRICE INCLUDING RELATED MATERIAL, ROLE PLAYER, ASSESSOR REFRESHER TRAINING AND CANDIDATE ASSESSMENT COST IS NOT TO EXCEED SEVEN THOUSAND NINE HUNDRED FORTY- FIVE DOLLARS 1$7,945) 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, CONSULT ANT 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, THE CONSULTANT AGREES AND ACKNOWLEDGES THAT TIME IS QF THE ESSENCE. 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 $7.945, AND SAID AMOUNT MUST INCLUDE ALL FEES AND EXPENSES PAID TO AND BY THE CONSULTANT PURSUANT TO THE TERMS OF THIS AGREEMENT. IT IS FURTHER AGREED THAT THIS AGREEMENT MAYBE ALTERED, EXTENDED AND AMENDED ONLY UPON THE WRITTEN CONSENT OF BOTH PARTIES. CONSULTANT SHALL NOT ASSIGN, TRANSFER OR SUBCONTRACT ITS RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT. IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT, THE CONSULTANT SHALL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, ANCESTRY, GENDER, AGE, NATIONAL ORIGIN, PLACE OF BIRTH, MARITAL STATUS, CITIZENSHIP, INTENDING CITIZENSHIP STATUS, DISABILITY, OR SEXUAL 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, 2 WITH RESPECT TO THE PERFORMANCE OF THE SERVICES, THE CQNSULTANT 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 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 AITORNEYS 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 3 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. 4 THE CITY DESIRES TO ENTER INTO THIS AGREEMENT ONLY IF IN So.OOING 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 57.945, 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 57.945 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 57.945 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, 5 ALL NOTICES UNDER THE TERM OF THIS AGREEMENT SHALL BE SENT TO THE FOLLOWING: CONSULTANT: CITY: ATTEST: CITY CLERK, RICHARD E. BROWN KHJ;mr H.R. DEPT REV: 06105/95 F:/SALUCONTRACT/ASSESS.CTR MIAMI DADE COMMUNITY COLLEGE SCHOOL OF JUSTICE AND SAFETY ADMINISTRATION ASSESSMENT CENTER 11380 NW 27 AVENUE MIAMI, FL 33167-3495 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 WITH COPIES TO: OFFICE OF THE CITY AITORNEY CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 CITY OF MIAMI BEACH, a Florida municipal corporation By MAYOR, SEYMOUR GELBER By CONSULTANT FO~~ ~P~ED L~~~ ::te rdf!ij1~ 6 CITY OF MIAMI BEACH PURCHASE OF PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, MADE THE _ DAY OF JUNE IN THE YEAR OF 1995, BY AND BETWEEN THE CITY OF MIAMI BEACH ("CITY") AND MIAMI DADE COMMUNITY COLLEGE, SCHOOL OF mSTlCE & SAFETY ADMINISTRATION, ASSESSMENT CENTER, ("CONSULTANT"), FOR CONSULT ANT SERVICES AS STATED HEREIN: TO ADMINISTER, SCORE, AND REPORT RESULTS OF THE METRO-DADE COMPOSITE INTERACTIVE BURGLARY/DOMESTIC DISTURBANCE EXERCISE FOR UP TO THIRTY-THREE (33) POLICE OFFICERffRAINEE CANDIDATES FROM mLY 10, THROUGH AUGUST 30,1995, THE PARTIES HERETO FURTHER AGREE TO THE FOLLOWING CONDITIONS: TOTAL ASSESSMENT CENTER PRICE INCLUDING RELATED MATERIAL, ROLE PLAYER, ASSESSOR REFRESHER TRAINING AND CANDIDATE ASSESSMENT COST IS NOT TO EXCEED SEVEN THOUSAND FOUR HUNDRED NINETY-ONE DOLLARS ($7.491\ 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, THE CONSULTANT AGREES AND ACKNOWLEDGES THAT TIME IS QF THE ESSENCE. 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 $7,491, 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 AFFlRMATNE 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. 2 1/r7/c[S ~ 1r gd ~~ ~ 1Y ~,-I.uJ 1:J..d P/), '-3 .0 ~ ~ u(~C-4L ~(p;~ JO~ trcu-J /~,.J COMPENSATION TO TIlE CONSULTANT FOR PERFORMANCE OF TIlIS,AGREEMENT IS TIlE SPECIFIC CONSIDERATION FROM TIlE CITY TO THE CONSULTANT FOR TIlE CONSULTANT'S INDEMNITY AGREEMENT, TIlE CONSULTANT'S OBLIGATION UNDER TIllS ARTICLE SHALL NOT INCLUDE TIlE 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. TIlE PARTIES EACH AGREE TO GIVE TIlE OTIlER PARTY PROMPT NOTICE OF ANY CLAIM COMING TO ITS KNOWLEDGE TIlAT IN ANY WAY DIRECTLY OR INDIRECTLY AFFECTS TIlE OTIlER PARTY. ANY CONTROVERSY OR CLAIM FOR MONEY DAMAGES ARISING OUT OF OR RELATING TO TIllS AGREEMENT, OR TIlE BREACH HEREOF, SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITII TIlE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND TIlE ARBITRATION AWARD SHALL BE FINAL AND BINDING UPON THE PARTIES HERETO AND SUBJECT TO NO APPEAL, AND SHALL DEAL WITH TIlE QUESTION OF THE COSTS OF ARBITRATION AND ALL MATTERS RELATED TIlERETO. IN THAT REGARD, TIlE 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 TIllS 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, 4 THE CITY DESIRES TO ENTER INTO THIS AGREEMENT ONLY IF IN SO.DOING TIlE 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 TIlE SUM OF $7.491. CONSULTANT HEREBY EXPRESSES ITS WILLINGNESS TO ENTER INTO TIllS AGREEMENT WITH CONSULTANT'S RECOVERY FROM THE CITY FOR ANY DAMAGE ACTION FOR BREACH OF CONTRACT TO BE LIMITED TO A MAXIMUM AMOUNT OF $7.491 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 $7.491 WHICH AMOUNT SHALL BE REDUCED BY THE AMOUNT ACTUALLY PAID BY THE CITY TO CONSULTANT PURSUANT TO THIS AGREEMENT, FOR ANY ACTION OR CLAIM FOR BREACH OF CONTRACT ARISING OUT OF THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS IMPOSED UPON THE CITY BY THIS AGREEMENT, NOTHING CONTAINED IN THIS SUBPARAGRAPH OR ELSEWHERE IN THIS AGREEMENT IS IN ANY WAY INTENDED TO BE A WAIVER OF THE LIMITATION PLACED UPON CITY'S LIABILITY AS SET FORTH IN FLORIDA STATUTES SECTION 768,28. 5 ALL NOTICES UNDER THE TERM OF THIS AGREEMENT SHALL BE ~ENT TO THE FOLLOWING: CONSULTANT: CITY: ATTEST: CITY CLERK, RICHARD E. BROWN APPROVED AS TO FORM: KlU;mr H.R. DEJ7T REV: O6IOSI9S F:/$ALL1CONTRACf/ASSESS.CTR MIAMI DADE COMMUNITY COLLEGE SCHOOL OF JUSTICE AND SAFETY ADMINISTRATION ASSESSMENT CENTER 11380 NW 27 AVENUE MIAMI, FL 33167-3495 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 MAYOR, SEYMOUR GELBER By CONSULTANT Date 6