2001-24304 RESO
RESOLUTION NO. 2001-24304
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RANKING OF
PROPOSALS RECEIVED AND AUTHORIZING THE ADMINISTRATION
TO ENTER INTO NEGOTIATIONS, AND IF SUCCESSFUL,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH THE NUMBER-ONE
RANKED PROVIDER, DR. DAVID SANTISTEBAN, PURSUANT TO RFP
NO. 130-99/00, PROVIDING FOR THE SERVICES TO DEVELOP,
VALIDATE, ADMINISTER, SCORE, REPORT AND REVIEW TESTING
PROGRAMS TO DETERMINE QUALIFIED APPLICANTS FOR POLICE
AND FIRE ENTRY LEVEL AND CLASSIFIED PROMOTIONAL
CLASSIFICATIONS; AND IF NEGOTIATIONS ARE NOT SUCCESSFUL
WITH THE NUMBER-ONE RANKED PROVIDER, AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE
NUMBER-TWO RANKED PROVIDER, ROCKHILL AND HALTON, INC.,
AND IF SUCCESSFUL, AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
ROCKHILL AND HALTON, INC.
WHEREAS, the City needs to conduct job analyses and develop, validate, and administer
new customized selection procedures for entry level police officer and firefighter applicants and
promotional classified applicants; and
WHEREAS, the City must continue to comply with the International Association of
Firefighters (IAFF) and Fraternal Order of Police (FOP) contracts which specify not only time
frames, but testing specifications; and
WHEREAS, the City must also comply with personnel rules, along with local, State, and
F ederallaws, rules, and guidelines in the development of the testing processes; and
WHEREAS, it is necessary to perform new job analyses and validate tests approximately
every five (5) years; and
WHEREAS, the City has been using two consultants as the primary testing consultants for
approximately ten (10) years; and several of the previous contracts had been expanded or extended;
and
WHEREAS, in order to get new proposals and to insure competitiveness, the City issued
Request For Proposals No. 130-99/00 (RFP) for the services to develop, validate, administer, score,
report and review testing programs to determine qualified applicants for Police and Fire entry level
and classified promotional classifications; and
WHEREAS, the City's RFP process allowed providers to submit new recommendations to
the City which were evaluated for cost effectiveness; experience of the proposer in police and fire
testing; ability to justify and describe which tests would be used for each classification; job analysis
and validation experience; recognition of and adherence to laws, guidelines and professional
standards; problem anticipation and resolution; responsiveness to applicant challenges; project
security; litigation history and experience; qualifications and experience of personnel; and project
completion schedule; and
WHEREAS, the International Association of Firefighters (IAFF) and Fraternal Order of
Police (FOP) presidents as well as the Fire and Police Departments were requested to give to the
Procurement Division the names and contact information for all consultants they would like to
receive a RFP and compete in the proposal process; and
WHEREAS, the IAFF and the FOP presidents and the Fire and Police Departments were
given copies of the previous testing RFPs; and each was asked to provide any recommendation
regarding how the process could be improved; and
WHEREAS, representatives from the Fire Department, the Human Resources Department,
and the Police Department met on August 8, 2000, to discuss and resolve any concerns about the
RFP before the final version went to Commission; and
WHEREAS, on September 13, 2000, the Mayor and City Commission approved the
issuance of RFP NO. 130-99/00; and
WHEREAS, the City received four responses to the RFP, including one proposal which was
incomplete, and therefore deemed non-responsive; and
WHEREAS, an Evaluation Committee, approved by the City Manager and by the Mayor and
City Commissioners, met on December 8, 2000, and voted on the top two proposers; and all
members agreed that there were some significant questions and concerns regarding the top two
proposals and that these could only be resolved by asking the vendors; and
WHEREAS, the Committee developed a list of questions to be sent to the top two vendors
to be answered at a proposer presentation meeting on January 11,2001; and
WHEREAS, the two proposers responded to the list of questions, as well as any additional
questions the Evaluation Committee had; and
WHEREAS, after all concerns were resolved, Dr. David Santisteban was the top ranked
proposer; and
WHEREAS, Dr. Santisteban will provide a full service contract, including a number of tasks
that were previously performed by the City at additional cost to the City; and
WHEREAS, the Consultant is considered to be an expert and has extensive experience in
Fire and Police entry level and promotional job analysis and test development, administration, and
validation; and
WHEREAS, the Consultant successfully developed and validated tests for four groups of
Sergeant and Lieutenant applicants and for three groups of Firefighter II, Fire Lieutenant, and Fire
Captain applicants; and
WHEREAS, the Consultant performed entry level Firefighter and Police Officer job analysis
and test development, validation, and administration which were in accordance with the Consent
Decree, developed in conjunction with the Department of Justice, and approved by the court; this
also helped to insure the administration oflawful, fair, job-related selection procedures and to protect
the City against further litigation; and
WHEREAS, the City has been pleased with the results of the previous tests and with the
applicants hired and promoted as a result; and
WHEREAS, the Consultant has continued to work with the City to develop the most cost
effective quality tests possible; each time the City has contracted with Dr, David Santisteban for
complete Fire and Police promotional and entry level testing processes (job analysis, test
development, and validation), the Consultant has reduced the cost; and
WHEREAS, the Consultant is able to expedite testing schedules and is able to accommodate
all of the City's requests and comply with all applicable bargaining unit agreements and local, State,
and Federal laws, rules, and guidelines; and
WHEREAS, the funding for this contract is available from the Police and Fire Departments'
Professional Services budgets; and
WHEREAS, the Fire Chief, the Police Chief, and the Human Resources Department support
the selection of Dr. David Santisteban; and
WHEREAS, the City Manager reviewed the proposals, as well as the recommendations of
the Evaluation Committee, and concurred with the recommendations; and
WHEREAS, provided negotiations are successful with Dr. David Santisteban, the
Administration recommends that the Mayor and City Commission further approve and authorize the
Mayor and City Clerk to execute a Professional Services Agreement with Dr. Santisteban, as set
forth in this Resolution.
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 of the City of Miami Beach, Florida, herein accept the ranking of proposals received
and authorize the Administration To enter into negotiations, and if successful, authorizing the Mayor
and City Clerk to execute a professional services agreement with the number-one ranked provider,
Dr. David Santisteban, Pursuant to RFP NO. 130-99/00, providing for the services to develop,
validate, administer, score, report and review testing programs to determine qualified applicants for
Police and Fire entry level and classified promotional classifications; and if negotiations are not
successful with the number-one ranked provider, authorizing the Administration to enter into
negotiations with the number-twp ranked provider, Rockhill and Halton, Inc., and if successful,
authorizing the Mayor and City Clerk to execute a professional services agreement with Rockhill and
Halton, Inc.
PASSED AND ADOPTED this2JWJ, day of March
, 2001.
ATTEST:
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CITY CLERK
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MAYOR
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM No.ll 0 - 0 )
TO: Mayor Neisen O. Kasdin and DATE: March 28,2001
FROM: :::eb:~ ::::::ty C\~
City Manager U - \.)
SUBJECT: A RESOLUTION ACCEPTING THE RANKING OF PROPOSALS
RECEIVED AND AUTHORIZING THE ADMINISTRATION TO ENTER
INTO NEGOTIATIONS, AND IF SUCCESSFUL, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH THE NUMBER-ONE RANKED PROVIDER, DR.
DAVID SANTISTEBAN, PURSUANT TO RFP NO. 130-99/00, PROVIDING
FOR THE SERVICES TO DEVELOP, VALIDATE, ADMINISTER, SCORE,
REPORT AND REVIEW TESTING PROGRAMS TO DETERMINE
QUALIFIED APPLICANTS FOR POLICE AND FIRE ENTRY LEVEL AND
CLASSIFIED PROMOTIONAL CLASSIFICATIONS AND IF
NEGOTIATIONS ARE NOT SUCCESSFUL WITH THE NUMBER-ONE
RANKED PROVIDER, AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH THE NUMBER-TWO RANKED
PROVIDER, ROCKHILL AND HALTON, INC., AND IF SUCCESSFUL,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH ROCKHILL AND
HALTON, INC.
ADMINISTRATION RECOMMENDA TION:
Adopt the Resolution.
ANALYSIS:
The City needs to conduct job analyses and develop, validate, and administer new customized
selection procedures for entry-level Police Officer and Firefighter applicants and promotional
classified Police and Fire applicants.
The City must also comply with the International Association of Firefighters (IAFF) and Fraternal
Order of Police (FOP) contracts which specify not only time frames, but testing specifications. The
City's Personnel Rules, along with the Florida Statutes, and local, State, and Federal laws must also
be considered in the development of the testing processes.
AGENDA ITEM Ci E
DATE '3 -"28' -bJ
The City has been using two consultants, Burroughs and Rockhill, Inc. and David Santisteban, as
the primary testing consultants for approximately 10 years. Several of the previous contracts had
been expanded or extended. In order to get new proposals and to insure competitiveness, the City
issued a Request For Proposals (RFP). The City's RFP process allowed providers to submit new
recommendations to the City which were evaluated for cost effectiveness; experience of the proposer
in police and fire testing; ability to justify and describe which tests would be used for each
classification; job analysis and validation experience; recognition of and adherence to laws,
guidelines, and professional standards; problem anticipation and resolution; responsiveness to
applicant challenges; project security; litigation history and experience; qualifications and experience
of personnel; and project completion schedule.
The City considered any and all testing options that would comply with our needs and adhere to the
laws, contracts, and guidelines surrounding the processes, while expediting the examinations, hiring,
and promotions.
In order to ensure input from all parties with interest in the process, the Administration took a
number of steps to gather recommendations throughout the RFP and evaluation process.
Representatives from all affected departments were included in each step.
In the past, the bargaining units, the departments, and some employees expressed a preference for
testing consultants other than those previously chosen. To address this concern, the IAFF and FOP
Presidents as well as the Fire and Police Departments were requested to give to the Procurement
Division the names and contact information for all consultants they would like to receive a RFP and
compete in the proposal process. The Human Resources Department also provided Procurement
with the contact information on consultants to include in the proposal process.
The IAFF and the FOP Presidents and the Fire and Police Departments were given copies of the
previous testing RFPs. Each was asked to provide any recommendation regarding how the process
could be improved.
Representatives from the Fire Department, the Human Resources Department, and the Police met
on August 8, 2000, to discuss and resolve any concerns about the RFP before the final version went
to Commission. On September 13, 2000, the Mayor and City Commission approved the issuance
of the RFP. One vendor, Dr. David Santisteban, attended the Preproposal Conference, which was
held on October 10,2000. By the October 27, 2000, deadline, the following four vendors had
submitted responses:
1. Management Solutions (ruled as non-responsive because only the even numbered paged were
printed in the package - half of the proposal was missing)
2. Productivity Plus
3. Rockhill and Halston, Inc.
4. Dr. David Santisteban
Before the Evaluation Committee met to review the proposals, they met to establish the weights (or
relative importance) of the items on which the proposals were going to be evaluated. The Evaluation
Committee included:
1. Floyd Jordan, Fire Chief
2. Robert Frame, Police Commander and representative of the Police Chief
3. T. C. Adderly, Human Resources Director
4. Linda Gonzalez, Human Resources Administrator
5. Gail Poe-Liu, Human Resources Administrator
On December 8, 2000, the Evaluation Committee met and agreed that the proposal of Management
Solutions was unresponsive. After discussion, the members of the Evaluation Committee
independently rated each of the three remaining proposers. The results indicated that each member
rated the same two proposers as number one or number two (Rockhill and Halston, Inc. and Dr.
David Santisteban), with the other vendor (Productivity Plus) as a distant third.
All members agreed that there were some significant questions and concerns regarding the top two
proposals and that these could only be resolved by asking the vendors. As a result, the Committee
developed a list of questions to be sent to the top two vendors to be answered at a Proposer
Presentation meeting set up for January 11,2001 (Attachment 1). The two proposers responded to
the list of questions, as well as any additional questions the Evaluation Committee had. The
Evaluation Committee voted on these two proposers. Dr. Santisteban was the top ranked proposer.
The recommended consultant will provide a full service contract, including, but not limited to:
Perform thorough Job Analysis for 7 classifications
Develop 7 written tests, 6 behavioral assessment evaluations (similar to Assessment Centers),
2 physical ability tests, and other assessment tools as appropriate for each classification
Develop all tests specifically for the City of Miami Beach
Give ownership to the City for all tests to be used as many times as we want at no additional
cost
Ensure total test security - All test items will be new for the City
*Secure sites to administer all 15 tests
*Pay all costs associated with the 15 test sites
*Direct set up for all 15 tests
* Administer all 15 tests
*Print copies of all tests for all applicants
Score, analyze, and report the results of all 15 tests
* Obtain, *schedule, train, *compensate, and *monitor all raters needed for any part of the
testing processes
Respond to all test takers' concerns and challenges
The tasks noted with an asterisk (*) were previously performed by City staff at additional cost.
The Fire Chief, the Police Chief, and the Human Resources Department support the selection of Dr.
David Santisteban.
It is recommended that the Mayor and City Commission accept the ranking of proposals received
and authorize the Administration to enter into negotiations, and if successful, authorize the Mayor
and City Clerk to execute a professional services agreement with the number-one ranked provider,
Dr. David Santisteban, pursuant to RFP NO. 130-99/00, providing for services to develop, validate,
administer, score, report and review testing programs to determine qualified applicants for Police
and Fire entry level and classified promotional classifications and if negotiations are not successful
with the number-one ranked provider, authorizing the Administration to enter into negotiations with
the number-two ranked provider, Rockhill and Halton, Inc" and if successful, authorizing the Mayor
and City Clerk to execute a professional services agreement with Rockhill and Halton, Inc.
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND DR. DAVID
SANTISTEBAN, PURSUANT TO RFP NO. 130-99/00, PROVIDING FOR THE
SERVICES TO DEVELOP, VALIDATE, ADMINISTER, SCORE, REPORT AND
REVIEW TESTING PROGRAMS TO DETERMINE QUALIFIED APPLICANTS FOR
POLICE AND FIRE ENTRY LEVEL AND CLASSIFIED PROMOTIONAL
CLASSIFICATIONS
THIS AGREEMENT made this J.! dayof M/Jfl(!1!-
, 2001, by and between the CITY
OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal
representatives, and assigns, and DR. DAVID SANTlSTEBAN (Provider).
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and the Provider.
City Manager:
"City Manager" means the Chief Administrative Officer of the City.
Provider:
For purposes of this Agreement, Provider shall be deemed to be an
independent contractor, and not an agent or employee of the City. When the
term "Provider" is used in this Agreement, it shall be deemed to include any
sub-contractors and any other person or entity acting under the direction or
control of the Provider.
Fixed Fee:
Fixed amount paid to the Provider to allow for his costs and margin of profit.
Project
Coordinator:
An individual designated by the City to coordinate, direct and review on
behalf of the City, all technical matters involved in the Scope of Work and
Services.
Proposal
Documents:
Risk Manager:
Services:
Termination:
Task:
Proposal Documents shall mean a) Request for Proposals (RFP) No. 130-
99/00 for Professional Services Agreement, providing for the services to
develop, validate, administer, score, report and review testing programs to
determine qualified applicants for Police and Fire entry level and classified
promotional classifications (Exhibit A); and, b) the Provider's proposal in
response thereto (Proposal) (Exhibit B), as amended by letter, dated
December 22,2000, from Dr. David Santisteban to John Ellis, City of Miami
Beach Procurement Division (Exhibit C), and Fax Transmission, dated
January 11, 2001, from Dr. David Santisteban to John Ellis (Exhibit D);
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 Provider performed pursuant to or
undertaken under this Agreement described in Section 2.
Termination of Provider's Services as provided in Section 4.8 of this
Agreement.
A discrete portion of the Scope of Services to be accomplished by the
Provider, as described in Section 2, if directed and authorized.
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SECTION 2
SCOPE OF WORK AND SERVICES (SERVICES)
The scope of work to be performed by the Provider is generally set forth in the Proposal Documents
(collectively, the Services); more specifically, under Section II. of the RFP (Exhibit A) entitled
"Scope of Services" (pages 11 - 21) and in Sections A., entitled "General Requirements"; B., entitled
"General Time-Table"; and C., entitled "Job Function Requirements" ofthe Proposal (Exhibit B).
SECTION 3
COMPENSATION
3.1
FIXED FEE
Provider shall be compensated for providing the Services, as set forth in Exhibits A and B
on a set fixed fee basis, as set forth in Exhibits B (page 36) and C (page 4), throughout the initial
term of this Agreement and any subsequent renewal terms. The fee for year 2001, the first half of
the first testing cycle (including complete testing for Firefighter I, Police Officer, Sergeant of Police,
and Lieutenant of Police), will be $178,250 (if there are 500 applicants for the Police Officer
written/video test and 300 for the Firefighter I written/video test and if there are 300 applicants for
the Police Officer Behavioral Assessment Phase (BAP) and 200 for the Firefighter I BAP). The fee
for year 2002, the second half of the first testing cycle (including complete testing for Firefighter I,
Police Officer, Firefighter II, Fire Lieutenant, and Fire Captain), will be $215,675, given the same
conditions as above for the number of Firefighter I and Police Officer applicants.
METHOD OF PAYMENT
Payment shall be made to the Provider for services satisfactorily performed, on a monthly
basis, pursuant to invoices submitted by the Provider, and shall contain a statement that the terms
3.2
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set forth therein are true and correct and in accordance with the Agreement. Payment of such
invoices shall be made within thirty (30) days of receipt by City.
SECTION 4
GENERAL PROVISIONS
RESPONSIBILITY OF THE PROVIDER
4.1
With respect to the performance of the Services, the Provider shaH 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 Provider shall
comply with all applicable laws and ordinances, including but not limited to applicable regulations
of the City, County, State, Federal Govemment, ADA, and EEO Regulations and Guidelines.
4.2
PUBLIC ENTITY CRIMES
State of Florida Form PER 7068, Sworn Statement under Section 287.l33(3)(a) Florida
Statute on Public Entity Crimes shall be filed by the Provider.
4.3
PROJECT MANAGEMENT
The Provider shaH appoint a qualified individual acceptable to the City to serve as Project
Manager to oversee the Services and who shaH 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.
TERM OF AGREEMENT
The term of this Agreement shall be for an initial term of one (1) testing cycle commencing
upon execution of this Agreement by aH parties, and thereafter automaticaHy renewing, upon the
4.4
same terms and conditions as set forth therein, for up to four (4) additional one (I) testing cycle
renewal terms. Notwithstanding the foregoing, the City shall have the option, at its sole discretion,
to not renew this Agreement, at any time, and shaH notify the Provider of same by providing written
-4-
notice to Provider thirty (30) days prior to the date of expiration of the initial term, or any proceeding
renewal term, as the case may be.
OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Provider pursuant to this Agreement are related exclusively
to the Services, and are intended or represented for ownership by the City. Retention of records
4.5
pursuant to this Agreement shall be governed in the manner set forth in Exhibit A hereto.
4.6
INDEMNIFICATION
Provider 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 Provider, its employees, agents,
sub-consultants, or any other person or entity acting under the Provider's control, in connection with
the Provider's performance of the Services pursuant to this Agreement; and, to that extent, the
Provider 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 reasonable
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 Provider for performance of this
Agreement is the specific consideration from the City to the Provider for the Provider's Indemnity
Agreement.
The Provider'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
-5-
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, and, in such event, Provider shall no liability as
to third party claims that may arise there from. 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 REOlJIREMENTS
The Provider 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 Provider shall maintain and carry in full force
and effect during the term of this Agreement the following insurance and shall name the City of
Miami Beach as an additional insured:
1. Professional Liability covering the services and activities required in this
Agreement with minimum limits of $2,000,000.
2. Workers Compensation & Employers Liability as required pursuant to Florida Statute.
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 Provider 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 City's Risk Manager. The Provider is responsible for obtaining and submitting all
insurance certificates for its sub-contractors. 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
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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 Provider 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 Provider 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 by the City
If, through any cause within the reasonable control of the Provider, the Provider 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 Provider of its violation of the particular terms of this Agreement and shall grant the Provider
thirty (30) days to cure such default. If such default remains uncured after thirty (30) days, the City
may terminate this Agreement by giving written notice to the Provider of such termination, which
shall become effective upon receipt by Provider of the written termination notice.
In that event, all open medical and other records related to this Agreement will be
immediately delivered to the new service provider, as directed by the City, within thirty (30) days
of the termination notice of the Provider's Agreement.
Notwithstanding the above, the Provider 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 Provider, and the City
may reasonably withhold payments to the Provider for the purposes of set-off until such time as the
exact amount of damages due the City from the Provider is determined.
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4.8.2 Termination for Cause by the Provider
If, through any cause within the reasonable control of the City, the City shall fail to fulfill in
a timely manner, or otherwise violates any of the covenants, agreements, or stipulations material to
this Agreement, the Provider shall thereupon have the right to terminate the Services then remaining
to be performed. Prior to exercising its option to terminate for cause, the Provider shall notify the
City of its violation of the particular terms of this Agreement and shall grant the City thirty (30) days
to cure such default. If such default remains uncured after thirty (30) days, the Provider may
terminate this Agreement by giving written notice to the City of such termination, which shall
become effective upon receipt by City of the written termination notice.
In that event, all open medical and other records related to this Agreement will be
immediately delivered to the new service provider, as directed by the City, within thirty (30) days
of the termination notice of the Provider's Agreement.
4.8.3 Termination for Convenience ofCi(y
The City may, without cause and for its convenience, terminate the Services then remaining
to be performed at any time by giving thirty (30) days prior written notice. At the City's sole option
and discretion, the City may pay the Provider in advance for thirty (30) days Services, and terminate
this Agreement immediately, (in addition to any other accrued amounts owed to the Provider). In
that event, all open medical and other records related to this Agreement will be delivered to the new
service provider within thirty (30) days of said termination notice.
4.8.4 Termination for Insolvency by the Ci(y
The City also reserves the right to terminate the remaining Services to be performed in the
event the Provider is placed either in voluntary or involuntary bankruptcy or makes an assigmnent
for the benefit of creditors. In such event, the right and obligations of the parties shall be the same
as provided for in Section 4.8.3.
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4.8.5 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Provider'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 Provider under the
Agreement until the Provider 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.
4.9
ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Provider 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 Provider 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
Provider 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 - CONTRACTORS
The Provider shall be liable for all sub-contractors' services, responsibilities and liabilities
under this Agreement and the services, responsibilities and liabilities of sub-contractors, and any
other person or entity acting under the direction or control of the Provider. When the term
"Provider" is used in this Agreement, it shall be deemed to include any sub-contractors and any other
person or entity acting under the direction or control of Provider.
orientation. The Provider shall take affirmative action to ensure 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.
The Provider 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 1,
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.
The Provider must complete and submit the City's Disability Non-Discrimination Affidavit
(Affidavit). In the event Provider 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 Provider 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, Provider shall
not be relieved of liability to the City for damages sustained by the City by virtue of Provider's
breach of the Agreement.
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4.12 CONFLICT OF INTEREST
The Provider agrees to adhere to and be governed by the Metro Dade County Conflict of
Interest Ordinance (No. 72-82), as amended; and by such similar provisions addressing conflict of
interest, as set forth in 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 Provider 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 Provider further covenants that in the performance of this Agreement, no person
having any such interest shall knowingly be employed by the Provider. 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, processes,
data and findings, shall be made available to the City.
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
Provider or its employees or subcontractors.
[The remainder of this page 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 the Provider and the Project Coordinator designated by the City. The
Provider'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 Provider 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 PROVIDER:
Dr. David Santisteban
101 Majorca Avenue
Coral Gables, FL 3313
(305) 445-2471
TO CITY:
Human Resources Department
Attn.: T. C. Adderly, Human Resources Director
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7524
WITH COPIES TO:
Office of the City Attorney
Attn.: Murray H. Dubbin, City Attorney
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7470
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Notices hereunder shall be effective if delivered personally, 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 set forth in Exhibit A 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 Proposal Documents are hereby incorporated by reference into this Agreement to the
extent that the terms and conditions contained therein are consistent with the Agreement, To the
extent that any term in the Proposal Documents 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. The
Provider hereby expresses its willingness to enter into this Agreement with the Provider's recovery
from the City for any damage action for breach of contract to be limited to a maximum amount of
$10,000.
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Accordingly, and notwithstanding any other term or condition of this Agreement, the
Provider hereby agrees that the City shall not be liable to the Provider for damages in an amount in
excess of $1 0,000, 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:
By:ULMd' ~
City Clerk
By:
M>~
FOR PROVIDER:
DR. DAVID SANTISTEBAN
ATTEST:
By:
-
BY:~~
(
OPL
APPROVED AS TO
FORM & LANGUAGE
. FOR EXECUTION
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ATTACHMENT 1
QUESTIONS SENT TO PROPOSERS AS A RESULT OF INITIAL EV ALUA TION
DECEMBER 8, 2000, COMMITTEE MEETING
RESPONSES TO THESE QUESTIONS WERE GIVEN BY PROPOSERS AT
JANUARY 11, 2001, PROPOSER PRESENTATION MEETING
1. Will you be responsible for procuring the assessors needed for any test phase in Bid #3?
2. Will you be responsible for scheduling the assessors?
3. Will there be any additional cost to the City for the assessors?
(pay, travel, accommodations, etc.)
4. Will you require any time from any City employee to procure or schedule the assessors? If yes,
please explain exactly how much time and what involvement will be required.
S. Please identify the exact cost/applicant for entry level police and fire testing for the first 100
applicants, and all applicants thereafter for each step in the proposed process.
6. Will you be responsible for securing and paying for any and all equipment needed to conduct
any portion of the testing process?
7. Iffor any reason the City was unable to secure the Convention Center as a testing facility, will
you be responsible for securing a location for testing and assuming the additional expense?
Would the City have any additional expense for this? If so, please explain, and give the exact
cost for each phase written and/or assessment center by each test classification.
8. Please list any and all work that would be required from the City staff to implement each phase
of the testing process. Please include the classification: test phase: activity: number of
hours: Please break down by classification, and also include a grand total of hours.
9, Please explain all additional costs that will be incurred by planning meetings that will be
necessary to implement each process. ex. One vendor listed $200 out of office work, does this
include planning the process each time?
10. Are there any additional costs associated with this process that have not been established in your
response? If so, please detail the activity and cost.
11 Please explain (Dr. Santisteban), cost to be adjusted if City uses multiple choice tests. What
adjustment exactly?
12. Please explain (Rockhill and Halton), some reduction in cost for entry level police and fire
applicants if they exceed 100. What will the exact cost be?
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