98-22768 RESO
RESOLUTION NO. 98-22768
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN
AN AMOUNT NOT TO EXCEED $25,150, BETWEEN THE
CITY AND SIGMA DATA SYSTEMS, INC., FOR
EMPLOYMENT APPLICANT TRACKING AND TESTING
SOFTWARE; FURTHER AUTHORIZING THE WAIVER, BY
517THS VOTE, OF THE COMPETITIVE BIDDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE
BEST INTEREST OF THE CITY.
WHEREAS, on September 9, 1996, the City issued Request for Proposals No, 162-95/96
(RFP) to solicit proposals for applicant tracking and test scoring software; and
WHEREAS, SIGMA Data Systems, Inc, (SIGMA) was the sole timely proposer; and
WHEREAS, the Evaluation Committee determined that the proposal from SIGMA met all
of the necessary requirements of the RFP, and recommended that the City negotiate a contract with
SIGMA; and
WHEREAS, the Administration successfully negotiated a contract with SIGMA; and
WHEREAS, in April 1997 , said contract was withdrawn from consideration by the previous
City Manager prior to the regular Commission meeting, pending review of same by the recently
hired Information Technology Director; and
WHEREAS, the Information Technology Director advised that it would be in the City's best
interest to explore the feasibility and desirability of other options including developing the software
in-house; and
WHEREAS, based upon tkis advice, on July 16, 1997, the SIGMA proposal was rejected
by the Mayor and City Commission, via Commission Memorandum No, 493-97; and
WHEREAS, in order to ensure that the City is receiving the most efficient and cost effective
system, both the Information Technology and Human Resources Departments have thoroughly
researched numerous options; and
WHEREAS, the Information Technology Department made every effort to determine if a
system could developed in-house; and
WHEREAS, the Information Technology and Human Resources Departments concluded
that SIGMA best fills the City's needs; and
WHEREAS, the City invested a substantial amount of time and money to develop and
validate reliable and job-related selection processes to evaluate entry-level Firefighters and Police
Officer Trainees which both contain a paper and pencil test multiple choice test components; and
WHEREAS, the selection devices for many other job classifications include a paper and
pencil multiple choice test, and the City has a continuing need to score and analyze paper and pencil
multiple choice tests; and
WHEREAS, recently, the City's fourteen (14) year old test scanning and scoring and
applicant tracking system quit functioning altogether, and cannot be repaired by City staff or by
outside companies; and
WHEREAS, the City is committed to performing substantial complex item and overall test
analyses; and
WHEREAS, it is imperative that City employment tests continue to be scored with a high
level of accuracy, especially for critical public safety jobs, to ensure fair grading and to result in the
selection of highly qualified applicants; and
WHEREAS, the City desires to maintain, at least at it's previous level, the City's ability to
analyze employment test results, to keep track of applicants, and to produce a variety of reports,
applicant notifications, and analyses; and
WHEREAS, the City determined that additional Police Officer/Trainees and Firefighters
need to be hired in order to maintain adequate levels of public safety; and
WHEREAS, the City recruited for and accepted applications from Police Officer Trainee
and Firefighter applicants; and
WHEREAS, the City has administered the paper and pencil test to Police Officer applicants
and that test now needs to be scored and analyzed, and the City will soon administer the same type
of test to the Firefighter applicants; and
WHEREAS, a delay in obtaining a system, through a renewed competitive process, to score
and analyze these tests will cause a delay in hiring Police Officers and Firefighter applicants; and
WHEREAS, the Administration would recommend that the City expedite the scoring and
analysis of the paper and pencil multiple choice tests for the Police Officer Trainee and Firefighter
job classifications, so that it may proceed with the administration of the other selection procedures
and hire much needed public safety staff, and, accordingly deems 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 SIGMA Data Systems, Inc" the original
responsive proposal to the RFP; and
WHEREAS, funding for this Professional Services Agreement is available from the
Information Technology Department budget.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute the attached
Professional Services Agreement, in amount not to exceed $ 25,150, between the City and SIGMA
Data Systems, Inc" for employment testing and applicant tracking software; further authorizing the
waiver, by 517ths vote, of the competitive bidding requirement, finding such waiver to be in the best
interest of the City,
PASSED AND ADOPTED this
17th
day of
June
, 1998.
ATTEST:
J~1'r<M~
CITY CLERK
MAYOR
f/A
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GPL: HR Dept DEV: 03/07/97 REV:6/l0/98
F:\HUMA \$ALL \COMM,RES\SIG5798R, WPD
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~
ity Attorney
&/iV9J-'
DOte
CITY OF MIAMI BEACH
CITY HALL, 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\cI.mlami-beach,n,ua
COMMISSION MEMORANDUM NO. ~ 1"'C1~
TO:
Mayor Neisen o. Kasdin and
Members of the City mmission
DATE: June 17,1998
FROM: Sergio Rodriguez
City Manager
SUBJECT: RESOLU 0 AUTHORIZING THE WAIVING, BY 5/7THS VOTE, OF
THE COMPETITIVE BIDDING REQUIREMENT AND AUTHORIZING
THE EXECUTION OF A CONTRACT IN AN AMOUNT NOT TO EXCEED
$25,150, WITH SIGMA DATA SYSTEMS, INC., FOR EMPLOYMENT
APPLICANT TRACKING AND TESTING SOFTWARE
ADMINISTRA TION RECOMMENDATION
,
Adopt the Resolution,
CONTRACT AMOUNT AND FUNDING
Amount not to exceed $25,150,
Funds are available from Information Technology's budget account 550,0630,000674,
BACKGROUND
In 1984, the City purchased a test scanning and scoring and an employment applicant tracking
software system, The 14-year old Apple computer technology of this system is archaic, extremely
slow, and lacked the power of newer technology, Recently, the system quit functioning all together,
The system is so old that repair is not possible by City staff or by any outside company.
On September 9, 1996, the City issued Request for Proposals (RFP) Number 162-95/96 to solicit
proposals for applicant tracking and test scoring software, SIGMA Data Systems, Inc, (SIGMA) was
the sole timely proposer, The evaluation committee determined that the proposal from SIGMA met
all of the necessary requirements of the RFP and recommended that the City negotiate a contract with
SIGMA. The Administration successfully negotiated a contract with SIGMA. In April 1997, said
contract was pulled from the Commission Agenda to be reviewed by the recently hired Information
Technology (IT) Director who advised that it would be in the City's best interest to explore the
feasibility and desirability of other options, including developing the software in-house, Based upon
this advice, on July 16, 1997, the SIGMA proposal was rejected via Commission Memo 493-97,
AGENDA ITEM
e1E..
L-\1-98
DATE
In order to ensure that the City would receive the most efficient and cost effective system, both the
IT and Human Resources (HR) Departments thoroughly researched numerous options, The IT
Department made every effort to determine if a system could be developed in-house, Our efforts
were not successful. The City concluded that SIGMA best fills our needs,
It appears that the major reason why the City received only one response to the RFP was because
the RFP stated that the cost was "not to exceed $27,000", The other systems found during our
research were significantly more expensive, ranging from $SO,OOO to $1,000,000, Most of these
more expensive systems did not include all of the functions the City needed, which were included
in the SIGMA package, Please see the attached chart for a sample comparison of some of the other
systems,
The total software price for SIGMA includes, but is not limited to, installation on the City's network;
customization for the City; five (S) days of customized training and operations manuals for five (S)
simultaneous users; assistance converting information in current database to the SIGMA System;
initial 90 day plus extended one (1) year warranty, including free upgrades; and related material for
a cost not 10 exceed $25, ISO, including all travel, out-of-pocket, and other expenses incurred by the
Contractor. SIGMA continues to be willing to work with the City and is honoring their prices from
their previous proposal.
The SIGMA software can be installed on the current network and can be run on our existing
computers, allowing us to eliminate the 14-year old Apple and other hardware, The old test scanner
will need to be replaced at a cost of approximately $4,000, SIGMA Systems will permit the City
to perform automated record keeping and other functions, such as: automated test scanning and
scoring; project tracking; record retrieval by multiple methods (e,g" by: name, including "sounds
like" searches, classification, date applied, etc,); referral list production; tracking, scheduling and
notification of applicants throughout the entire recruitment, testing, and hiring process; searching
all information regarding a specific applicant across multiple classifications and years; test and test
item statistics and analyses; standard and customized reports; and transfer of data to graphs and
charts software,
The Consent Decree cost the City an enormous amount of money and time, We must take the
necessary steps to best prevent a recurrence of that unfortunate situation during which the City lost
its ability to hire Police Officers and Firefighters and to hire them in a expedient manner.
The City committed to the Department of Justice (DOJ) that we would perform specific complex
item and overall test analyses, In order to help protect the City against further litigation with DOJ
and others, it is imperative that we conduct such analyses of our tests, especially with regard to the
highly competitive Police Officer and Firefighter positions, It is essential that City employment tests
continue to be scored with a high level of accuracy, especially for critical public safety jobs, to
ensure fair grading to result in the selection of highly qualified applicants, The SIGMA system will
allow the City to maintain, at a higher level, the ability to analyze employment test results, to keep
track of applicants, and to produce a variety of statistics and reports, applicant notifications, and
analyses,
Even though the City had to invest a substantial amount of time and money, one positive outcome
of the Consent Decree is that the City developed and validated excellent reliable and job-related
selection processes to evaluate entry-level Firefighters and Police Officers which both contain a
paper and pencil test multiple choice test components,
Any delay in obtaining an adequate employment test scoring and applicant tracking system will
delay the hiring of Police Officers and Firefighters, Police Officers and Firefighters need to be hired
in order to maintain adequate levels of public safety; therefore, we recruited for and accepted
applications from Police Officer and Firefighter applicants, The paper and pencil test has been
administered to Police Officer applicants, We must score and analyze that test so that we can
proceed to administer the other selection processes and hire Officers and get them on the street to
protect our City, We will soon administer the same type of test to Firefighter applicants,
The selection devices for many other job classifications include a paper and pencil test and the City
has a continuing need to score and analyze paper and pencil tests, For the last three years, the City
has had 5,000 -7,500 applicants, annually, Each of these applicants is evaluated by one (1) to four
(4) tests, d'his year, we expect the numbers to be significantly higher since we have been able to
accept applications for Police Officer and Firefighter, which we will do on a regular basis, We have
over 1,700 Police Officer applicants and are estimating that there will be up to 3,000 Firefighter
applicants, There are four (4) tests for each of the testing processes, This is expected to increase the
applicant flow to well over 10,000 per year.
Just for the 1,700 applicants in the Police Officer testing processes, it is anticipated that 1,700 will
be tested for phase one, 1,500 for phase two, 1,000 for phase three, and 300 for phase four, which
equates to 4,500 examinees just for Police Officer, It is estimated that this number will add up to
8,000 examinees for Firefighter only, Once all of the other applicants are added, up to 20,450
examinees will be tested each year.
CONCLUSION
It is recommended that the Mayor and City Commission waive, by 5/7ths vote, the competitive
bidding requirement and authorize the Mayor and City Clerk to execute the original (attached)
Contract in an amount not to exceed $25,150, with SIGMA Data Systems, Inc" for employment
applicant tracking and testing software installation, training, and maintenance,
Rii@GPL
F:\HUMA \$ALL \COMM-MEM\SIG5798M, WPD
I
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND SIGMA DATA SYSTEMS, INC.
FOR APPLICANT TRACKING SYSTEM
7i
THIS AGREEMENT made this ~ day of
-
V(,,( Nt::: , 1998, by and between the CITY
OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal
representatives, and assigns, and SIGMA DATA SYSTEMS, INC, (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.
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:
Proposal
Documents:
Risk Manager:
Services:
Termination:
Task:
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,
Proposal Documents shall mean the a) Request for Proposals No, 162-95/96
for Applicant Tracking, issued by the City, in contemplation of this
Agreement, together with all Amendments thereto (if applicable); and b) the
Consultant's proposal and response thereto (Proposal) and c) the Consultant's
April 30, 1998, Software License Agreement which updates Appendix D of
the Consultant's proposal; which are incorporated by reference in this
Agreement and made a part hereof.
The Risk Manager of the City, with offices at 1700 Convention Center Drive,
Third Floor, Miami Beach, Florida 33139,
All services, work and actions by the Consultant performed pursuant to or
undertaken under this Agreement described in Section 2,
Termination of Consultant Services as provided in Section 4,9 of this
Agreement.
A discrete portion of the Scope of Services to be accomplished by the
Consultant, as described in Section 2 below, if directed and authorized,
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SECTION 2
SCOPE OF WORK AND SERVICES REQUIRED
The scope of work to be performed by the Consultant is generally set forth in the Proposal
Documents (collectively, the Services), attached hereto as Exhibit A.
SECTION 3
COMPENSATION
3.1
FIXED FEE
Consultant shall be compensated for providing the Services (as set forth in the Proposal
Documents and Exhibit A), on a fixed fee basis, not to exceed Twenty-five Thousand, One Hundred
Fifty Dollars ($25,150), including all reimbursable expenses, as set forth in Section 3,3,
3.2
METHOD OF PAYMENT
Payment shall be made to the Consultant on a monthly basis, pursuant to invoices submitted
by the Consultant which detail percentage or portion of completion of the Services, and shall contain
a statement that the terms set forth therein are true and correct and in accordance with the
Agreement. Payment of such invoices, if deemed acceptable and satisfactory to the City, shall be
made within thirty (30) days of receipt by City,
3.3
REIMBURSABLE EXPENSES
Reimbursable Expenses are included in the "not to exceed" amount under Section 3.1, and
include actual expenditures made by the Consultant and its employees in furtherance of the Services
contemplated in the Agreement. Reimbursable Expenses shall include, but not be limited to, the
following: expenses such as pre-approved travel, lodging, meals and other costs associated with
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performing the Services, and shall not exceed an aggregate amount of $2,850, Airfare shall be the
most economical rates available at the time,
The maximum allowance for Reimbursable Expenses is established as a condition to this
Agreement, and is set forth above, Invoices or vouchers for Reimbursable Expenses shall be
submitted along with supporting receipts, and other back-up material reasonably requested by the
City, and the Consultant shall certify as to each such invoice that the amounts and items claimed as
reimbursable are "true and correct and in accordance with the Agreement."
4.1
SECTION 4
GENERAL PROVISIONS
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, and 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,
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4.4
TERM OF AGREEMENT
The term of this Agreement shall be for a period of one (1) year from the date of approval
of this Agreement by the Mayor and City Commission; notwithstanding the foregoing, this
Agreement may be extended by mutual agreement of the parties to complete the successful
installation of the employment applicant tracking and test scanning and scoring system,
4.5
OWNERSHIP OF DOCUMENTS AND EOUIPMENT
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
INDEMNIFICA TION
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, 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 attorney'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.
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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 ofthe 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,
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,
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,
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. The Consultant is responsible for obtaining and
submitting all insurance certificates for its sub-consultants, 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,
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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,
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 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.
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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 ofthe 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 4,8,2,
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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/ADANON-DISCRIMINA TIONPOLICY
In connection with the performance of this Agreement, the Consultant shall not discriminate
against any employee or applicant for employment because ofrace, color, religion, ancestry, sex,
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age, national origin, place of birth, marital status, citizenship or intending citizenship status, 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, sex, age, national origin, place of birth, marital 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 governed 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,
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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.
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,
4.14 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,
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
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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:
SIGMA DATA SYSTEMS, INC,
6375 E, Tanque Verde, Suite 250
Tucson, Arizona 85715
Attention: John Feldhaus
TO CITY:
Office of The City Manager
Attn: Sergio Rodriguez, City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7010
WITH COPIES TO:
Office of the City Attorney
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,
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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 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, the Scope of
Services 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 Miami 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 $25,150,00"
excluding any cause of action for money damages due to an alleged breach by the City of Section
3F of the SIGMA IV Software License Agreement included in this Agreement as a part of the Scope
of Services, Consultant hereby expresses its willingness to enter into this Agreement with
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Consultant's recovery from the City for any damage action for breach of contract to be limited to a
maximum amount of $25, 150,00,
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 $25, 150,00, 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, excluding any cause of
action for money damages due to an alleged breach by the City of Section 3F of the SIGMA IV
Software License Agreement included in this Agreement as part of the Scope of Services, Nothing
contained in this
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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 iflegal 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,
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:
~<f PCVr&-
City Clerk
By:
rlLU
Mayor
FOR CONSULTANT:
SIGMA DATA SYSTEMS, INC.
ATTEST:
(~;?,' . 01 "
By: 1':~<~~ A:~,,~--._/
I Secretary
~/ C/l/ /
:J I'h-/f ~~--
By:
President
F:\HUMA \$ALL \CONTRACT\SIGMA698, WPD
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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EXHIBIT A
SCOPE OF SERVICES
PURPOSE
The Consultant will install a turn-key applicant tracking and test scanning, scoring, and analysis package
to facilitate the recruitment, testing, and tracking functions ofthe centralized Human Resources Department.
The package will be quickly installed and will have been thoroughly tested in other similar municipal civil
service settings,
The City has a civil service system whereby many classifications are tested by any combination of tests,
including, but not limited to: written, oral, performance, typing, dictation, assessment center and/or training
and experience, The Human Resources Department also recruits for Unclassified, non-civil service
technical, professional, and administrative positions for which we screen, evaluate, refer, and track
candidates,
CURRENT SYSTEM INFORMATION
A. Current Procedures - The proposed system will accommodate current procedures and have the
flexibility to adapt to changing procedures,
The Human Resources Department processes two types of applicants, those who come in and fill out an
initial application (usually called Classified) and those who mail in a resume (usually called Unclassified),
The job opening is tracked using a CS # (Civil Service Number) or a UC # (Unclassified Number), The Civil
Service Numbers and the Unclassified Numbers are each individually' numbered sequentially, The position
available may either be open competitive (open to the general public) or promotional (must be working for
the city at time of application),
Depending on the position, oral interview(s), typing, written, medical, psychological, physical agility,
additional full application form, etc" or a combination thereof may be performed before the applicant can
be hired or on occasion some exams are given after applicant is provisionally hired, Applicants have to be
notified of scheduled exams to be taken as a group or individually, Scores of each test are entered into a
system to be tracked, Some exams are pass/fail to determine if applicant will continue to the next step of the
application process, Answers to the written exams are recorded by the applicant on a scanable sheet to be
scanned, scored, and analyzed, Applicants who do not qualify are notified by courtesy letter.
B. Current Hardware - The City will be able to use the proposed system with current hardware,
Computer equipment in the department is presently being upgraded to IBM compatible 486/25SX
microcomputers using MicroSoft Windows 3,1 and MicroSoft DOS 6.2, The computers are networked using
Novell Netware 4,0 I to a shared server, A Hewlett Packard LaserJet 4S1 will be used for printing,
D. Volume and Statistical Data - The system will accommodate the City's volume of service,
The City Of Miami Beach has 1,800+ full time employees,
Average job classifications opened simultaneously: 20-30,
Average number of openings per year: 394,
Number of applicants per opening: 1-5,000
The City expects a growth of 8% per year for the next 5 years for applicant processing, The system must
provide capabilities for expected growth,
THE PROPOSED SYSTEM WILL:
Track an applicant from time of job opening through applicant being hired
Contain a module for test scoring using a scanner
Produce u~er defined as well as standard reports/letters
Have the capability to export data in a standard format
Scan and score test answer sheets results and produce test and item statistics
Automatically add test scores into the appropriate applicant file in the system after scanning
Track the steps in applicant's testing and hiring process
Track applicants by position
Track scores and results by applicant
Sort data in multiple ways
Update each occurrence of an applicant record (multiple positions applied for) with one update
Search applicant for in the system (by name, social security, position, etc,)
Perform checks to prohibit an applicant from being scheduled for a test for which they are not eligible due
to a retest rule
Notify the operator when entering an application for an applicant that has been "barred" from applying for
a position (ex, past termination within a defined time frame)
Automatically calculate the file expiration date
Automatically calculate, add and track Veteran's preference points and Veteran's preference
Merge the eligible lists
Include a random selection program
Include graphics reporting capability
Track the disposition of each position by applicant (ex, interviewed not selected, referred, declined offer,
disqualified, hired)
Capture demographic information
Produce standard reports (ready to run)
Produce custom reports (to be designed)
Generate A,A, or E,E,Q, reports
Generate a referral list based on a) highly qualified, b) qualified, c) number of people desired,
d) band of scores desired, etc,
Create notices by subgroup(s) of applicants
Sort data in multiple ways
Provide the capability to define fields and field defaults
Have the capability to change defaults from file to file
Schedule applicants for testing purposes and generate customized notices
Provide reports for indicating adverse impact, such as with one test question, for each test within an
examination battery, the examination as a whole, the selection process as a whole, etc,
Recalculate test scores should an error be detected with the examination key even if the eligibility list has
been established and re-rank the list
Be able to change the passing point and re-rank a list
Standardize test scores, e,g, z-scores, t-scores, etc,
Weight and combine separate exam component scores (e,g, written test and performance test) into one final
overall score
Track advertising cost and detail data by department
Generate mailing labels and/or print envelopes
Archive data
Provide an index kept on the active files for archived data
Have "Help" on the screen level and field level
Have table driven fields which can be changed by the administrator or end user
Provide security (read, write, modify, delete) at the file level, record level, and field level for job position
data and applicant data - security be set up by the administrator
Be able to import files from Q&A a software database and Quattro Pro Spreadsheet, etc,
Allow multiple users to view the applicant history of a single applicant simultaneously
Provide end-user and administrator training
Guarantee time to respond to a service/support request
Have Toll free telephone support, "Hot Line" telephone support, and Electronic (network/fax)
Correct, without charge, any program errors that are discovered after installation has been completed
Provide overall system maintenance program
Conduct comprehensive training plan - The plan should include user training and administrator training
Provide users manuals and administrator manuals
Run under Novell Netware
Run under MicroSoft Windows
Require no third party licensed software that needs to be purchased
Not require a dedicated server
Not require special drivers or printers
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