98-22839 RESO
RESOLUTION NO. 98-22839
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH THE SOLE RESPONSIVE PROPOSER, LAW ENFORCEMENT
PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC., PURSUANT
TO RFP NO. 38-97/02, TO PROVIDE PSYCHOLOGICAL SERVICES FOR
EMPLOYMENT APPLICANTS IN THE POLICE OFFICER,
FIREFIGHTER, AND RELATED CLASSIFICATIONS AND FOR CITY
EMPLOYEES.
WHEREAS, on March 13, 1998, the City issued a Request for Proposals (RFP) No. 38 -
97/02, for a service provider to supply psychological services for employment applicants and City
employees for an initial two-year period, with an option for three additional one-year renewal
periods; and
WHEREAS, on April 7,1998, the City opened two proposal responses and two "no-bid"
responses in response to RFP 38-97/02; and
WHEREAS, an Evaluation Committee, approved by the City Manager and by the Mayor
and City Commission, met on April 24,1998, and recommended the firm of Law Enforcement
Psychological and Counseling Associates, Inc.; and
WHEREAS, the City Manager reviewed the proposals and the recommendation of the
Evaluation Committee and concurs with its recommendation; and
WHEREAS, on May 20, 1998, the Mayor and City Commission authorized the
Administration to enter into negotiations with the sole timely proposer, Law Enforcement
Psychological and Counseling Associates, Inc., for a Professional Services Agreement for
psychological services for employment applicants and City employees; and
WHEREAS, the Administration successfully negotiated the attached Agreement.
PAGE TWO
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 authorize the Mayor and City Clerk to execute the attached Professional
Services Agreement with the sole responsive proposer, Law Enforcement Psychological and
Counseling Associates, Inc., pursuant to RFP No. 38-97/02 to provide psychological services for
employment applicants in the Police Officer, Firefighter, and related classifications and for City
employees.
PASSED AND ADOPTED this 15th day of July, 1998.
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~ITY OF MIAMI BEACH
:ITY HAll 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM NO. ~S 1-9~
TO:
Mayor Neisen O. Kasdin and
Members of the City Co mission
DATE: July 15, 1998
FROM: Sergio Rodriguez
City Manager
SUBJECT: RESOLUTIO THORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE SOLE
RESPONSIVE PROPOSER, LAW ENFORCEMENT PSYCHOLOGICAL AND
COUNSELING ASSOCIATES, INC., PURSUANT TO RFP NO. 38-97/02 TO
PROVIDE PSYCHOLOGICAL SERVICES FOR EMPLOYMENT
APPLICANTS FOR THE POLICE OFFICER, FIREFIGHTER, AND
RELA TED CLASSIFICATIONS AND FOR CITY EMPLOYEES
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
For the remainder ofFY 1997/98 year, it is estimated that 180 applicants will be evaluated at a cost
of$39,000, which is available in the Police Department Professional Services budget account (in the
Support Services Division, 011.1130.00312). Funds have been requested in the 1998/99 budget
professional service accounts of the Police Department (011.1130.00312) and the Fire Department
(011.1210.00312), subject to Commission approval of the 1998/99 budget.
BACKGROUND
In 1992, the City solicited proposals for a service provider to supply psychological services for
employment applicants and City employees. A contract for two years with three option years was
awarded to the top proposer, the Joint Venture of Law Enforcement Psychological and Counseling
Associates, Inc. and Forensic Psychiatric and Psychological Associates of Florida. The contract and
its extensions with the current provider will expire in May 1998.
The primary users of this Contract, the City's Human Resources Department, Police Department, and
Fire Department, recommend that the services be continued. These services allow the City to protect
FUNDING APPROVED
AGENDA ITEM C J K
DATE I-1S-9g
the psychological health of public safety employees and to provide for the physical safety and well
being of citizens, visitors, and employees. Through this contract, a professional and experienced firm
performs psychological evaluations on new employees in the Police Officer, Firefighter, and related
classifications to determine their suitability for those types of work. The successful proposer will
also continue the current service of providing specialized psychological services for Police Officer,
Firefighter, and related classifications after they are involved in critical or traumatic incidents which
may involve shootings, fire accident fatalities, etc. In order for the City to enter into a new
Professional Services Agreement for a firm to provide the desired services, a Request for Proposals
(RFP) No. 38-97/02 was issued on March 13, 1998. Nineteen (19) specifications were mailed by
the City. On April 7,1998, the Procurement Division opened two (2) proposal responses and two
(2) "No Bid" responses.
Proposal Responses were received from:
Law Enforcement Psychological and Counseling Associates, Inc.
South Florida Psychological Services, Inc.
"No Bid" Responses were received from:
Hollywood Diagnostics Center
Mount Sinai Medical Center
The City Manager recommended the following Evaluation Committee to the Mayor and City
Commission:
1. Thomas Thompson, Assistant Fire Chief
- Supervisor of background investigations and of evaluations of employment applicants
2. Joan Donnelly, Sergeant of Police
- Supervisor of background investigations and of evaluations of employment applicants
3. David Santisteban, Ph. D.
- Clinical psychologist
- Consultant who developed Police Officer and Firefighter exams and selection procedures
4. Gail Poe-Liu, Human Resources Administrator
- Specializes in recruitment, testing, evaluation, and hiring of Police Officers and Firefighters
On April 24, 1998, the Evaluation Committee reviewed the proposals for the following items:
1. Responsiveness to the RFP
2. Experience in the field
3. Experience with similar clients
4. Proposed methodology for conducting evaluations
5. Qualifications
The Evaluation Committee concluded that the proposal from South Florida Psychological Services,
Inc. was non-responsive and did not meet the criteria set forth in the RFP, for reasons which include
the following:
Continued ....
1. No experience as it pertains to scope and methodologies of services
2. No experience as it pertains to law enforcement and firefighting personnel
3. No civil service experience
4. No fitness-for-duty experience
As indicated by the fact that there were only two (2) responses to the RFP, psychological screening
and counseling of public safety applicants is a highly specialized field, requiring familiarity with all
the subtleties, ramifications, and legal issues involved with this type of screening and counseling.
The Evaluation Committee recommends entering into a Professional Services Agreement with Law
Enforcement Psychological and Counseling Associates, Inc. for reasons which include those listed
below:
1. Over 20 years experience in administering psychological services for public safety agencies
2. Screened over 25,000 law enforcement applicants in the last 18 years
3. Currently supplying psychological services to 33 law enforcement agencies
4. Recognized as a national expert and leader in the field, as evidenced by its list of references,
which includes every major Police agency in Dade County
5. Voluntarily designed an early warning program for Miami Beach Police Department to deal
with excessive use of force
On May 20, 1998, the Mayor and City Commission authorized the Administration to enter into
negotiations with the recommended proposer, Law Enforcement Psychological and Counseling
Associates, Inc. The Administration successfully negotiated a Professional Services Agreement with
Law Enforcement Psychological and Counseling Associates, Inc.
CONCLUSION
It is recommended that the Mayor and City Commission authorize the Mayor and City Clerk to
execute a Professional Services Agreement with the sole responsive proposer, Law Enforcement
Psychological and Counseling Associates, Inc., pursuant to RFP No. 38-97/02 to provide
psychological services for employment applicants for the Police Officer, Firefighter, and related
classifications and for City employees.
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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. 38-97/02
for Psychological Services For Employment Applicants and Employees,
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); 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, on a fixed fee basis for the first, second, and third year of the Agreement as follows:
$230 per person for pre-employment evaluations; $90 per hour for counseling, critical incident
debriefings, and related services; $150 per hour for expert witness services; and $600 per person for
fitness for duty evaluations.
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.
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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.
4.4
TERM OF AGREEMENT
The tenn ofthis Agreement shall be for an initial two (2) year term, from the date of approval
of this Agreement by the Mayor and City Commission, with an option for a third, fourth, and fifth
year at the City's discretion.
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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 ofthe City.
4.6
INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses,
including, but not limited to, 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.
The Consultant's obligation under this Section shall not include the obligation to indemnify
the City of Miami Beach and its officers, employees and agents, from and against any actions or
claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful
conduct of the City and its officers, employees and agents. The parties each agree to give the other
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party prompt notice of any claim coming to its knowledge that in any way directly or indirectly
affects the other party.
4.7
INSURANCE REOUIREMENTS
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.
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
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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.
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
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become effective upon receipt by Consultant of the written termination notice. In that event, all
finished or unfinished documents and other materials, as described in Section 2, shall be properly
delivered to the City. If the Agreement is terminated by the City as provided in this Section, the City
shall compensate the Consultant for all Services actually performed by the Consultant and reasonable
direct costs of Consultant for assembling and delivering to City all documents. Such payments shall
be the total extent of the City's liability to the Consultant upon a Termination for Convenience as
provided for in this Section.
4.8.3 Termination for Insolvency
The City also reserves the right to terminate the remaining Services to be performed in the
event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment
for the benefit of creditors. In such event, the right and obligations of the parties shall be the same
as provided for in Section 4.8.2.
4.8.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisions of this
Agreement, the City shall impose such sanctions as the City or the State of Florida may determine
to be appropriate including, but not limited to, withholding of payments to the Consultant under the
Agreement until the Consultant complies and/or cancellation, termination or suspension of the
Services. In the event the City cancels or terminates the Services pursuant to this Section the rights
and obligations of the parties shall be the same as provided in Section 4.8.2.
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
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Agreement which is affected by said Notice. The City shall not reimburse the Consultant for the cost
of preparing Agreement change documents, written Notices to Proceed, or other documentation in
this regard.
4.9
ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City. When applicable, and upon receipt of such consent in
writing, the Consultant shall cause the names of the consulting firms responsible for the major
portion of each separate specialty of the Services to be inserted into the pertinent documents or data.
The Consultant shall include in such sub-contracts the appropriate versions of the Sections of this
Agreement as are necessary to carry out the intent of this Agreement, as instructed by the City.
4.10
SUB-CONSULTANTS
The Consultant shall be liable for all sub-consultants' services, responsibilities and liabilities
under this Agreement and the services, responsibilities and liabilities of sub-consultants, and any
other person or entity acting under the direction or control of the Consultant. When the term
"Consultant" is used in this Agreement, it shall be deemed to include any sub-consultants and any
other person or entity acting under the direction or control of Consultant.
4.11 EQUAL EMPLOYMENT OPPORTUNITY/ADA NON-DISCRIMINATION POLICY
In connection with the performance of this Agreement, the Consultant shall not discriminate
against any employee or applicant for employment because of race, color, religion, ancestry, sex,
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
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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,
Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue
of Consultant's breach of the Agreement.
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4.12
CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Dade County
Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter
and Code, which are incorporated by reference herein as if fully set forth herein, in connection with
the contract conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly which should conflict in any manner or degree with the performance of the
Services. The Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall knowingly be employed by the Consultant. No member of or delegate
to the Congress of the United States shall be admitted to any share or part of this Agreement or to
any benefits arising therefrom.
4.13
PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, design
specifications, processes, data and findings, shall be made available to the City for public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for copyright or patent by or on behalf of the
Consultant or its employees or subcontractors.
[The remainder of of this page is intentionally left blank]
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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
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:
Law Enforcement Psychological and Counseling Associates, Inc.
250 Catalonia, Suite 604
Coral Gables, FL 33134
Attention: Mark Axelberd
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
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Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch,
on the day following the date mailed; and if mailed to an address outside the city of
dispatch on the seventh day following the date mailed.
4.15 ENTIRETY OF AGREEMENT
This writing and the Scope of Services embody the entire Agreement and understanding
between the parties hereto, and there are no other agreements and understandings, oral or written
with reference to the subject matter hereof that are not merged herein and superseded hereby. The
Scope of Services are hereby incorporated by reference into this Agreement to the extent that the
terms and conditions contained in the Scope of Services are consistent with the Agreement. To the
extent that any term in the Scope of Services is inconsistent with this Agreement, this Agreement
shall prevail.
No alteration, change, or modification of the terms of this Agreement shall be valid unless
amended in writing, signed by both parties hereto, and approved by the Mayor and City Commission
of the City of 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 $10,000.00.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery
from the City for any damage action for breach of contract to be limited to a maximum amount of
$10,000.00.
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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$1O,OOO.OO, for any action or claim for breach of contract arising out of the performance or non-
performance of any obligations imposed upon the City by this Agreement. Nothing contained in this
paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation
placed upon City's liability as set forth in Section 768.28, Florida Statutes.
4.17 VENUE
This Agreement shall be enforceable in Dade County, Florida, and 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:
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City Clerk
By:
FOR CONSULTANT:
LAW ENFORCEMENT PSYCHOLOGICAL
AND COUNSELING ASSOCIATES, INC.
ATTEST:
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Af~1k
City Attorney
7- /JY/'J7
> Date
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND
LAW ENFORCEMENT PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC.
FOR PSYCHOLOGICAL SERVICES
FOR EMPLOYMENT APPLICANTS AND EMPLOYEES
THIS AGREEMENT made this / r:;, it. day of J U L Y
, 1998, by and between the CITY
OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal
representatives, and assigns, and Law Enforcement Psychological and Counseling Associates, Inc.
(Consultant).
Agreement:
City Manager:
Consultant:
Fixed Fee:
SECTION 1
DEFINITIONS
This written Agreement between the City and the Consultant.
"City Manager" means the Chief Administrative Officer of the City.
F or 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.
Fixed amount paid to the Consultant to allow for its costs and margin of
profit.
EXHIBIT A
SCOPE OF SERVICES
RFP 38-97/02: PSYCHOLOGICAL SERVICES
FOR EMPLOYMENT APPLICANTS AND EMPLOYEES
SECTION I - OVERVIEW AND PROPOSAL PROCEDURES
INTRODUCTIONIBACKGROUND: The City of Miami Beach, Florida ("the City") has need to
contract with a psychological services provider to conduct comprehensive pre-employment
evaluations and employee counseling. The proposer will identify qualified professional(s) with
experience in providing these services in a valid, reliable manner consistent with sound, currently
accepted professional and legal methodologies. The experience of the firm and of the individuals
providing services under this contract shall include having provided these services for law
enforcement and firefighting applicants and employees for similar government agencies.
The City of Miami Beach has a diverse applicant pool and workforce. The City projects hiring 30-
60 Police Officers and 15-30 Firefighters in the next year. The numbers of applicants, hires, and
employees shown in this RFP to whom services may be provided, are for the proposer's guidance
only; no guarantee is given or implied as to the actual number of individuals to whom services may
be provided.
SECTION II - SCOPE OF SERVICES
The City of Miami Beach, Florida ("the City") has need to contract with a psychological services
provider to conduct comprehensive pre-employment evaluations and employee counseling. The
proposer will identify qualified professional(s) with experience in providing these services in a valid,
reliable manner consistent with sound, currently accepted professional and legal methodologies. The
experience of the firm and of the individuals providing services under this contract shall include
having provided these services for law enforcement and firefighting applicants and employees for
similar government agencies.
A. PRE-EMPLOYMENT EVALUATION: Service provider will evaluate approximately
100-150 individuals per year primarily in the Police and Fire Departments, and in other departments
as needed. The majority of those individuals will be candidates for the classifications of Police
Officer, Dispatcher, and Communications Operator and for other classifications in the Police
Department, as well as for Firefighters in the Fire Department. The firm will identify those
candidates psychologically suited and not suited for each classification. This will be accomplished
as follows:
1. Administer and interpret one or more tests which will identify and screen for individuals who
possess the mental conditions, psychological characteristics, or tendencies which would
make them suited or unsuited for a given classification, including, but not limited to the
following areas:
a. Psychosis
b. Poor impulse control (anger/hostility patterns or tendencies), impatience
c. Character disorders (especially anti-social personality disorders)
d. Tendency to be too passive or aggressive, especially in critical situations
e. Racial, religious, age, nationality, disability, sexual orientation, or other prejudices
f. High degree of immaturity
g. Poor judgement
h. Poor socialization skills/inability to interact with individuals from a wide variety of
cultural and socio-economic backgrounds
1. Neurotic or psychotic symtomology (phobic personality, undue suspiciousness)
J. Mood disorder, anxiety, depression, inability to cope with the stress of the job
k. Need for high level of excitement
1. Poor self-concept
m. Substance abuse tendencies
n. Dishonesty
o. Unfairness, or lack of respect for the rights of others or for local or federal laws;
conflicts with authority
p. Other abnormalities, deficiencies, apparent emotional instability , characteristics
conditions, or tendencies which might impair applicant's ability to satisfactorily
fulfill the duties ofthe job or to perform in a safe manner or which might make the
individual a high risk or predispose the applicant to injury, disability, or death to
himself or others
q. Past or present tendencies to fail to maintain good moral character especially as
defined in 118-27.0011(4) F. A. C.
2. Administer and interpret one or more tests which will identify and screen individuals who
possess psychological characteristics which would make them suited for a given
classification, including, but not limited to the following areas:
a. Responsibility and dependability
b. Cognitive ability, general academic potential, ability to retain and apply information
needed on the job
c. Flexibility and adaptability
d. Social ability
e. Ability to manage stress
f. Initiative and goal orientation
g. Discretion, judgement, and decision making ability especially under stressful
situations
h. Good moral character
1. Assertiveness
J. Social/cultural tolerance and sensitivity
k. Ability to withstand peer and other pressures
3. The psychological services firm will research their records to determine if the firm has had
any prior contact with applicant and will research other psychological or other relevant
records and will take the information so gathered into account when completing the
evaluation - The firm will continue to maintain a copy of the narrative summary of the
structured clinical interview. - The consultant will do everything possible so that the
applicant feels he/she has had a fair opportunity to be evaluated
a. Psychiatric/psychological history/problems
b. Illegal and legal substance use or abuse
c. Prior arrests or legal problems
d. Family history problems
e. Any other potential problems
4. Submit to the City, within 10 days of evaluation, a final written report on each individual,
which includes at least the following:
a. Individual's demographic information
b. Names of tests administered with dates
c. Results of tests and additional evaluations, including, but not limited to evidence of:
1.) behavior problems
2.) drug/alcohol use, psychiatric/psychological problems, or job-related
difficulties
3.) areas for further investigation
4.) summary statement addressing individual's suitability and potential for
employment in a given classification, including an overall rating of suitable,
marginal, or unsuitable
5. Remain available on an as-needed basis to answer questions or clarify or interpret results of
evaluations and reports
6. Provide supplemental written and oral material and training to City personnel to facilitate the
use of the psychological services, results, and reports
7. Retest and re-evaluate individuals as requested by the City - If, after the initial evaluation,
the City or the consultant discovers information which was not available to the consultant
prior to their evaluation of the applicant or if the City discovers discrepancies, omissions,
falsifications, in the information revealed in the psychological, the firm will consider the
new information and either re-confirm the initial report or provide a written revision - If,
for any reason the firm changes its evaluation of an applicant, the firm will document the
change, in writing, to the City
8. Defend and represent the City and testifY on the City's behalf if any claims or allegations are
made regarding the services provided, including, but not limited to, the validity of the test
battery and evaluation methods
9. Maintain all raw test data and clinical notes with respect to each individual evaluated for the
time period set forth in the Florida record retention or other applicable laws or as specified
by the City, whichever is longer
10. Research and investigate to insure all tests, procedures, results, and interpretations are valid,
reliable, cross-cultural, and legally defensible for the purposes used
11. Submit a quarterly report summarizing evaluation and test results, including analysis by
gender, age, and race/ethnicity, as well as a proposed course of action
B. COUNSELING AND RELATED SERVICES: Service provider will provide professional
counseling services on a mandatory or voluntary basis, referral assistance, and specialized training
as needed to employees of the City. The majority of those individuals will be Police Officers,
Dispatchers, Communications Operators, Supervisors, and other classifications in the Police
Department, as well as Firefighters and other classifications in the Fire Department. Non-Police
Officer and non-Firefighter referrals will receive the same services and the same level of service as
Police Officers and Firefighters.
1. Provide on-site and follow-up counseling to employees involved in critical or traumatic
incidents, often involving death(s), such as police involved shootings, fires, traffic accidents,
suicide, or other unusual incidents, Requires availability on a 24-hour basis - Estimate 1
incident per year, but may involve more than 1 employee
2. Conduct mandatory or voluntary Fitness for Duty evaluations - Estimate 3 per year
3. Assist in the design and implementation of specialized training programs for public safety
and other employees, including, but not limited to:
a. Stress management, relaxation
b. Sensitivity towards minorities and other special groups
c. Excessive force awareness
d. Identification of early warning signs of emotional, stress related, or other problems
before performance is severely affected and to facilitate maximum mental health and
productivity
e. Crisis intervention
4. Refer employees to and provide consultation with specialists, rehabilitative services, the
City's psychiatric service and Employee Assistance Program (EAP) providers
5. Provide consultation to the City to develop, implement, maintain, evaluate, and modify
internal policies, procedures, and programs related to the proposed services
6. Remain available on an as-needed basis to answer any questions or clarify or interpret results
of reports
7. Provide supplemental written and oral materials and training to City personnel to facilitate
psychological results and reports
8. Retest and re-evaluate individuals as requested by the City
9. Defend and represent the City and testify on the city's behalf if any claims or allegations are
made regarding the services provided, including, but not limited to the validity and reliability
of the test battery or evaluation or treatment methods or results
10. Maintain all raw data and clinical notes as set forth by law or as specified by law whichever
is longer
11. Research and investigate to insure that all test, procedures, results, treatments, and
interpretations are valid, reliable, cross-cultural, and legally defensible for the purpose used
C. CONSUL T ANT ANALYSIS: The successful proposer shall review all job specification,
job analyses, and gather other pertinent information in order to recommend to the City any additional
psychological factors which should be evaluated for specific classifications. The consultant will
recommend methods for evaluating any additional factors.
D. EXPERT TESTIMONY: The consultant will gather and prepare documentation and
testimony to appear in court or before regulatory authorities or bodies and provide testimony as an
expert witness in conjunction with any challenges, appeals, or suits which might arise from
providing the proposed services.
E. RELATED SERVICES CURRENTLY RECEIVED - EMPLOYEE ASSISTANCE
PROGRAM (EAP)
1. Miami Heart Institute (MHI) currently provides a full coverage professional EAP directed
towards diagnosis and resolution of behavioral problems - emphasis is on psycho-social
rather than physiological approach
2. MHI provides a referral service to other appropriate professional services when necessary
3. Crisis services are available to employees during non-working hours
ADDITION TO THE RFP: SECTION VI - SPECIAL TERMS AND CONDITIONS -
AMERICANS WITH DISABILITIES ACT
The consultant will take all reasonable steps to insure that the landlord of his current business
location expeditiously takes all steps necessary to comply with the regulations as stated in RFP No.
38-97102, especially, under Section VI - Special Terms and Conditions, Americans With Disabilities
Act and the Disability Nondiscrimination Affidavit and under Section 4.11 of the Agreement and
to make the building, offices, and facilities used by the consultant adequately accessible and
convenient to individuals with disabilities, including, but not limited to, putting up signage to better
identify wheelchair entrance. If the consultant changes the location of the business while still under
this Agreement, the consultant will ensure that the new place of business is fully ADA compliant
and accessible.
The consultant will notify the City if any applicant needs any alternate testing arrangements,
including, but not limited to providing an alternative test site.
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