HomeMy WebLinkAboutR-00-0209J-00-169
2/25/00 T�,
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RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE, IN AN AMOUNT NOT TO
EXCEED $25,000, IN THE PROFESSIONAL SERVICES
AGREEMENT WITH SHL LANDY JACOBS, INC., FOR
THE PROVISION AND ADMINISTRATION OF THE
PROMOTIONAL EXAMINATION PROCESS FOR THE
CLASSIFICATION OF POLICE LIEUTENANT FOR THE
DEPARTMENT OF HUMAN RESOURCES, THEREBY
INCREASING THE AMOUNT OF THE AGREEMENT FROM
$75,000 TO A TOTAL AMOUNT OF $100,000;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY DOCUMENT(S) NECESSARY, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE; ALLOCATING FUNDS THEREFOR FROM THE
GENERAL OPERATING BUDGET OF THE DEPARTMENT OF
POLICE, ACCOUNT CODE NO. 001000.290201.6.270.
WHEREAS, Resolution No. 98-1101, adopted November 17, 1998,
accepted the proposal of SHL Landy Jacobs, Inc. to provide and
administer the promotional examination process for the Department
of Human Resources, for the classification of Police Lieutenant
to be utilized by the Police Department; and
WHEREAS, the Department of Justice, pursuant to a May 4,
1999 order of the federal court, has mandated modifications to
the current testing.process which precipitate additional costs of
approximately $25,000; and
CITY COMMISSION,
MEETING OF
MAR 0 9 2000
Resolution No
C, 0 0 9':
WHEREAS, subsequent to the modifications of the testing
process being made, the classification of Police Lieutenant will
be released from the Federal Order of May 4, 1999; and
WHEREAS, funds are available from the General Operating
Budget of the Department of Police, Account Code
No. 001000.290201.6.270;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. An increase, in an amount not to exceed
$25,000, in the Professional Services Agreement with SHL Landy
Jacobs, Inc., for the provision and administration of the
promotional examination process for the classification of Police
Lieutenant for the Department of Human Resources, thereby
increasing the amount of the Agreement from $75,000 to a total
amount of $100,000, is hereby authorized, with funds therefor
hereby allocated from the General Operating Budget of the
Department of Police, Account Code No. 001000.290201.6.270.
Page 2 of 3
Section 3. The City Manager is hereby authorized" to
execute any document(s) necessary, in a form acceptable to the
City Attorney, for said purpose.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED this 9th day of March , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place rovided, said legislation Rovi
becomes effective with the elapse of ten (10) days f the dat ommissi .::bion
regarding same, without the Mayor exerci ' g v
10 Ad
ATTEST: Walte(J. Fo ty Clerk
WALTER J. FOEMAN
CITY CLERK
APPROV 0'AS O FOR AND CORRECTNESS:/
O VMARELLO '
71:RCL:BSS
�i The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Ali
Page 3 of 3
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
TO: of the City ommission DATE: - FILE:
Promotional Examination for
SUBJECT: Police Lieutenant
nald H. Warshaw
FROM: City Manager REFERENCES:
ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached Resolution increasing
the amount for the professional service agreement with SHL Landy Jacobs, Inc. for test
development and administration to provide the promotional examination process for the
classification of Police Lieutenant from $75,000 to $100,000; and to instruct the Chief Procurement
Officer to increase the limit on the current purchase order for these services accordingly.
BACKGROUND
On November 17, 1998 the City Commission by Resolution 98-1101 approved a contract for test
development and administration with SHL Landy Jacobs, Inc. in the amount of $75,000. At that
time, the Miami Police Department was not -under any specif c Order of the Court with regard to the
Consent Decree. Test Development began on April 1, 1999 (the date of the State Oversight Board
approval) and continued through July 30, 1999. On May 4, 1999 Judge Highsmith issued a Federal
Order superseding the Consent Decree with regard to the Miami Police Department, and placed the
classification of Police Lieutenant under the supervision of the Department of Justice with regard to
testing and selection. The Department of Justice, exercising the authority bestowed by the Court, on
July 30, 1999 mandated modifications to the current testing process that have thus incurred the City
with additional costs approximated at $25,000. However, the benefit of the City working with the
Department of Justice on this project will be that after this examination process, the classification of
Police Lieutenant will be released from the Federal Order of May 4, 1999.
Funding is available to cover the increase in the above referenced Purchase Order in the general
operating budget of the Department of Police, Account Code No. 001000.290201.6.270, as verified
by the Department of Management and Budget.
DHW/WH/A /RSJ/MEL
00- zuu
E
TO: Donald H. Warshaw
City Manager
FROM: William E. O'Brien
Chief of Police
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
,�
DATE:
SUBJECT
is
JAN 31 2000
REFERENCES
ENCLOSURES:
FILE:
Professional Services Agreement
SHL Landy Jacobs, Inc.
This department has verified with the Department of Management and Budget that funds are
available to cover an increase of $25,000 in the professional services agreement with SHL Landy
Jacobs, Inc., for the Police Lieutenant promotional examination. This will increase the amount of
the agreement from $75,000 to $100,000. Funding is to be provided from the General Operating
Budget, account code #001000.290201.6.270.
BUDGETARY REVIEW AND APPROVAL:
�i
Luie Brennan, Acting Director
Department of Management and Budget
WEO:JMV:fma
c: Judy S. Carter
Director
Department of Purchasing
fter awm
rn. K& etc
1-1-2000
allhof$SS1, 78 I
* moble in account number:
o 00- 196 20 /.
Ilfe� ty. SIG A RE
/4 /2. 81v w o� 1131/z000 0_ U
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INCREASE OF CONTRACT
RFP NO. 97-98-103
ITEM: Promotional Examination Process
DEPARTMENT: Human Resources/Police
TYPE OF PURCHASE: Increase in total contract amount
REASON: The Department of Justice mandated modifications
to the current testing process that have incurred the
City with additional costs.
RECOMMENDATION: It is recommended that an increase in the contract
with SHL Landy Jacobs, Inc., in an amount not to
exceed $25,000.00 for a new total contract amount
not to exceed $100,000.00, for the Department of
Human Resources to be utilized by the Department
of Police; allocating funds therefore from the
General Operating Budget, Account Code No.
001000. 90201.6.270.
r V Pur asing
Dat
0`°"
J-98-1145
14/29/98
RESOLUTION N0. " 8 — 0
A RESOLUTION, ACCEPTING THE RECOMMENDATION OF
THE CITY MANAGER TO APPROVE THE FINDINGS OF
THE EVALUATION COMMITTEE THAT THE MOST
QUALIFIED FIRMS, IN RANK ORDER, TO PROVIDE
AND ADMINISTER THE PROMOTIONAL EXAMINATION
PROCESSES FOR THE CLASSIFICATION OF POLICE
LIEUTENANT FOR THE DEPARTMENT OF HUMAN
RESOURCES ARE: 1) SSL LANDY JACOBS, INC., AND
2) BARRETT AND ASSOCIATES, INC.; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
AGREEMENT, WITH THE TOP RANKED FIRM, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR AN
INITIAL TERM OF SIX (6) MONTHS, WITH THE
OPTION TO EXTEND FOR THREE (3) ADDITIONAL
SIX-MONTH PERIODS, AT A COST NOT TO EXC8.
$75,000 DURING THE INITIAL AND EXTENDED TERM
OF THE AGREEMENT; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE AN
A'I WITH THE SECOND RANKED FIRM SHOULD
NEGOTIATIONS FAIL WITH SHL LANDY JACOBS,
INC.;. ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF POLICE GENERAL OPERATING
BUDGET, ACCOUNT CODS NO. 001000.290201.6.270.
WHEREAS, Requests for Proposals (RFP) were mailed.. to
thirty-four (34) firms seeking a broad range of responses., fz0M
test development providers to provide and adm4nister* the
promotional examination processes for the classification of
Police Lieutenant for the Department of Human Resources; and -
WHEREAS, the Evaluation Committee evaluated the eight (8)
proposals received in response to the RFP and recommended the top
two (2) f irms , in rank order, 1) SHL Landy Jacobs, Inc . , and 2 )
f
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CITY COD3�Q1�
ImmTonG OP
NOV 1 7 08
Sawiutk a Na
Barrett and Associates, Inc., as the.most qualified to provide
the required professional services; and
WHEREAS, the City Manager accepted the findings of the
Evaluation Committee that SHL Landy Jacobs, Inc., and Barrett and
Associates, Inc., are. the most qualified firms to provide and
administer the ',promotional examination processes for the
classification of Police Lieutenant for the Department of Human
Resources; ,
NOW; -THEREFORE, BE IT RESOLVED BY THE COMMISSION OF -THS CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and, findings contained in the
Preamble to this Resolution are hereby .adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Commission hereby accepts the
recommendation of the City Manager to approve the findings of the
Evaluation Committee .that the most qualified firms, in rank
order, to provide and administer the promotional examination
processes for the classification" of Police Lieutenant for the
Department of Human Resources are: 1) SEL Landy Jacobs, Inc., and
2) Barrett and Associates, Inc.
Section 3. The City Manager is hereby authorizedl/ to
negotiate and execute. an agreement, in a form acceptable to the
City Attorney, with SBL Landy Jacobs, Inc.,, for an initial term
1% The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but noq.
limited to tho94 prescribed by applicable Zity Charter and Cod4
provisions.
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1 0 9
of six (6) months, with the option, to extend for three (3)
additional six-month periods, at a cost not to exceed 575,000
during the initial and extended term of the agreement, with funds
therefor hereby allocated from the Police Department General
Operating Budget, Account Code No. 001000.290201.6.270.
Section 4. The City Manager is further authorizedl/ to
negotiate and execute an agreement, in a form acceptable to the
City Attorney, with the second ranked firm.should negotiations
.fail with SEL Landy Jacobs, Inc.
Section 5: This Resolution shall become effedtive
immediately upon its adoption and signature of the Mayor.2�
PASSED AND ADOPTED this 17th day of November 1998.
JOB CAROLLO, MAYOR
In accon*w with Miami Code Sec. 2-38, since the Mayor ad not indicate acpmw of
No bgWadon by sOft it to the desi8roW place pro%nded, said 1eg:31ztit sow
becomes dbed re wth the elapse of ten (90) d;Cz.
m the e m Corrrrtuss
negar ft earns; w»hW the AftWl°�." ! °
ATTEST:
�6/1M1700
. FgPQN, CiTY CLERK
TO 'nW# AND CORRECTNESS : t'0e
CITY ATTORNEY
W3024:CSK:kc
If the Mayor does not sign this Resolution, it shall become effective at
the and of ten calendar days from the state it was passed and adopted
If the Mayor vetoes this Resolution, it shall become effectf4
insnediately upon override of the veto by the City Commission.
- 3 -
CONTRACT REVIEW AND ANALYSIS.F.QRM .-%jt,; GFnCE
ATTACH SUPPORTING DOCUMENTS ''
DATE: March 18, 1999
DEPARTMENT/DIVISION: Human Resources
CONTACT PERSON/CONTACT NUMBER: Mary E. Leckband/(305) 416-2114
CONTRACTING ENTITY: SHL Landy Jacobs
RESOLL-I ION NUMBER: 98-1101 BID/PROJECT NUMBER: RFP# 97-98-103
(IF APPLICABLLq
BUDGETARY INFORMATION: Are funds buageteg? ® YES ❑ NO 11 yes,
TOTAL DOLLAR AMOUNT: $75,000.00 ® EXPENSE ❑ REVENUE
SOURCE OF FUNDS:.M=u Police Dep=ment ACCOUNT CODE(S) 001000.290201.6.270
If grant funded, is there a City match requirement? ❑ YES ® NO AMOUNT: n/a
Are matching funds Budgeted? ❑ YES ❑ NO Account Code(s): n/a
TE4tMS OF CONTRACT:
Effective Date: 312TV"
Escalating Clause, if any: n/a
Contract Period (s): Initial period of six (6) months with three (3) six (6) month options for extension
Penalties, (if any), for termination: None.
Payment terms: Within fortrfive (45) days after receipt of Provider's invoice.
If grant funded, list restrictions/requirements, if applicable: n/a
SUMMARY DESCRIPTION OF CONTRACT OR AGREEBENT
Is this an extension? ❑ YES ® NO
If YES, actual expenditures in previous contract Year $
Professional Services Agreement for the development, 2dminfstration/implementation, scoring and preparation of
the promotional examination for the classification of Police Lieutenant.
JUSTIFICATION FOR CONTRACT OR AG
4dude why it is needed, consequences if not uuhorized or approved and tirwoonstraiam if any.)
This Agreement is required in order to establish an eligible register for the classification of Police Lieutenant. The
classification is currently without an eligible register for promotions. The register established from this
examination will be valid for all current vacancies and future promotions. through Fall 2001.
METHOD OF PURCHASE I app ica e
❑ Telephone quotes ❑ Single Purchase
❑ Written quotes ❑ Short -Term Contract
Q Negotiated Purchase ❑ Term of Contract
0 Sole Source (include documentation) ❑ Lease Type: �
❑ Bid Waiver (include documentation) ❑ Other
® Formal Bid/Proposal (include bid tabulation/proposal ranking)
PREVIOUS AWARDS OF BIDS (rF APPLICABLE)
From most recent: 1)
2)
3)
PPROVAL: DATE. �' f
a tGy a e -
4h W
APPROVAL: DATE:
ialOversi t ar
2
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PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this I day of A0 r-1 1999 by and between the
City of Miami, a municipal corporation of the State of Florida ("City") and SHL Landy Jacobs.
Inc. ("Provider")
RECITALS:
A. _ The City had issued a Request for Proposals ("RFP") for the provision of Miami
Police Department Promotional test services for Police Lieutenant ("Services") and Provider's
proposal ("Proposal"), in response thereto, has been selected as the most qualified proposal for the
provision of the Services. The RFP and the Proposal are sometimes referred to herein,
collectively, as the Solicitation Documents, and are by this reference incorporated into and made a
part of this Agreement.
B. The Commission of the City of Miami, by Resolution No. 98-1101, adopted on
November 17, 1998, approved the selection of Provider and authorized the City Manager to
execute a contract, under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and made
a part of this Agreement.
2. TERM: The term of this Agreement shall be for an initial term of six (6) months
commencing on the date hertof.
3. OPTION TO EXTEND: The City shall` have, the option to extend the term he
ceof for
a period of three (3) additional six (6) month periods.' City Commission approval shall not be
required as. long as the total extended term does not exceed two (2)' years, or a period equal to the
original term of this Agreement, whichever is' longer.
4. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and under the
special terms and conditions set forth 'in ;Attachment "A" .hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. -Provider represents and warrants to the City that; (i) it possesses all qualifications,
licenses and, expertise required under the Solicitation Documents for the, performance of the
Services; (ii) it is not delinquent in the payment of any sums due the City, including payment of
permit fees, occupational licenses, etc., nor in the performance of any obligations to the City, .(iii)
all personnel assigned to perform the Services are and shall be, at all times during the term hereof,
My qualified and trained to perform the tasks assigned to each; and. (iv) the Services will be
performed in the manner described in Attachment "A".
5. COMPENSATION:
A. The amount of compensation payable by the City to Provider shall bebased on the
rates and schedules described in Attachment "B" hereto, which by this reference is incorporated
into this Agreement; provided, however, .that in no event shall the amount of compensation exceed
$ 75, .000.00 [for the initial and extended term of the Agreement].
B. Unless otherwise specifically provided in Attachment "B", payment shall be made
within forty five (45) days after receipt of Provider's itivoice, which shall be accompanied by
t �r
sufficient supporting documentation and' contain sufficient detail, to allow a proper audit df
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CoKP'OLICE LIEUTENANT CONTRACT.doc 2
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expenditures, should City require one to be performed. If Provider is entitled to reimbursement of
travel expenses (i.e. Attachment "B" includes an estimate of travel expenses as an item of
compensation; Provider is entitled to full reimbursement of all reasonable travel costs), then all
bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes.
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by the City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms of
this Agreement is and shall at all times remain the property of the City. Provider agrees not to use
any such information, document, report or material for any other purpose whatsoever without the
written consent of City, which may be withheld or conditioned by the City in its sole discretion.
7. AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable .times, and for a period of up to three (3) years
following the date of final payment by the City to Provider under this Agreement, audit , or cause
to be audited, those books and records of Provider which are related to Provider's performance
under this Agreement. Provider agrees to maintain all such books and records at its principal place
of business for a period of four (4) years after final payment is made under this Agreement.
B. The City may, at reasonable times during the term hereof, inspect Provider's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether the
goods or services required to be provided by Provider under this Agreement conform to the terms
hereof and/or the terms of the Solicitation Documents, if applicable. Provider shall make available
to the City all reasonable facilities and assistance to facilitate the performance of tests or
inspections by City representatives. All tests and inspections shall be subject to, and made in
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CoKPOLICE LT CONTRACT.doc 3
accordance with, the provisions of Section 18-55.2 of the Code of the City of Miami, Florida; as
same may be amended or supplemented, from time to time.
8. AWARD OF AGREEMENT: Provider represents and warrants to the City that it
has not employed or retained any person or company employed by the City to solicit or secure this
Agreement and that it has not offered 'to pay, paid, or, agreed to pay any person any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with,
the award of this Agreement.
9. PUBLIC RECORDS:. Provider understands that the public shall have access, at all
f
reasonable times, to all documents and information pertaining to City contracts, subject -to the
provisions of Chapter 119, Florida Statutes,. and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law.' Provider's failure or refusal to
comply with the provisions .of this section shall result in the immediate cancellation of this
Agreement by .the City.
10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider
understands that.agreements between private entities and local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflict of interest, record
keeping, etc: City and Provider agree to comply with and observe all applicable laws, codes and
ordinances as they may be amended from time to time. `.
11. IINDENIlVIFICATiOlit: Provider shall indemnify, defend and hold harmless the City
and its officials, employees and, agents (collectively referred to as "Indemnitees') and each of them
from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's
fees) or, liabilities. (collectively referred to as "Liabilities') by reason of any injury to or death of
any person or damage to or destruction or loss of any property arising out of, resulting from, or irr
CoKPOLIC£ LT CONTRACT.doc 4
connection with (i) the performance or non-performance of the services contemplated by this
Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act,
omission, default or negligence (whether active or passive) of Provider or its employees, agents or
subcontractors (collectively referred to as "Provider"), regardless of.whether it is, or is alleged to
be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission,
default or negligence (whether active or passive) of the Indemnitees, or any of them or (ii) the
failure of the Provider to comply with any of the paragraphs herein or the failure of the Provider to
'conform to- statutes, ordinances, or other regulations or requirements of any governmental
authority, federal or state, in connection with the performance of this Agreement. Provider
expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and
against all liabilities which may be asserted by an employee or former employee of Provider, or
any of its subcontractors, as provided above, for which the Provider's liability to such employee or
former employee would otherwise be limited to payments under state Workers' Compensation or
similar laws.
12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement, or
fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereuponall payments,
advances, or other compensation paid by the City to Provider while Provider was in default shall
be immediately returned to the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to perform the
r.
Services within the time {provided or contemplated herein, then, in addition to the foregoing,
CoM:POUCE LT CONTRACT-doeGO- 209
5
Provider shall be liable to the City for ,all expenses incurred by the City in preparation and
negotiation of this Agreement,. as well as all costs and expenses incurred by the City in the re-
a
" procurement of the Services, including consequential and incidental damages.
13. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that
all disputes between Provider and the City based' upon an alleged violation of the terms of this
Agreement by the City shall be submitted' to the .City Manager for his/her resolution, prior to
Provider being entitled to seek judicial relief-in'connection therewith. In the event that the amount
of compensation hereunder exceeds $4,500, the City Manager's decision shall be approved or
disapproved by the City Commission. Provider shall not be entitled to seek judicial relief unless:
(i) it has first received City Manager's written decision; approved by the City Commission if the
amount of compensation hereunder exceeds $4,500, or (ii) a period of sixty (60) days has expired,
after submitting to the, City Manager 'a detailed statement of the dispute, accompanied by all
supporting documentation .(90 days if City Manager's decision is subject to City Commission
approval); or (iii) City has waived compliance with the procedure set forth in this section by
written instruments, signed by the City Manager.
14. CTTY'S TERMINATION RIGHTS:
A. The City shall have the right to terminate this Agreement, in its sole discretion, at
any time, by giving written notice to., Provider, -at' leasi thirty (30) business days prior to the
effective date of such termination.. `In such event,- the City shall pay to Provider compensation for
services rendered and expenses .incurred prior to the effective date of termination.. In no event
shall the City be liable to Provider for 'any additional compensation, other than that provided
herein, or for any consequential or incidental damages.'
G 20
'CoM:POL[CE,LT CON ACT.dm 6 .
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B. The City shall have the right to terminate this Agreement, without notice to
Provider, upon the occurrence of an event of default hereunder. In such event, the City shall not
be obligated to pay any amounts to Provider and Provider shall reimburse to the City all amounts
received while Provider was in default under this Agreement.
15. INSURANCE: Provider shall, at all times during the term hereof, maintain such
insurance coverage as may be required by the City. All such insurance, including renewals, shall
be subject to the approval of the City for adequacy of protection and evidence of such coverage
shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force
and effect and providing that it will not be canceled during the performance of the services under
this contract without thirty (30) calendar days prior written notice to the City. Completed
Certificates of Insurance shall be filed with the City prior to the performance of services
hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of
the policies of such insurance with the City.
If, in the judgment of the City, prevailing conditions warrant the provision by Provider of
additional liability insurance coverage or coverage which is different in kind, the City reserves the
right to require the provision by Provider of an amount of coverage different from the amounts or
kind previously required and shall afford written notice of such change in requirements thirty (30)
days prior to the date on which the requirements shall take effect. Should the Provider fail *or
refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's
written notice, this Contract shall be considered terminated on the date that the required change in
policy coverage would otherwise take effect.
16. NONDISCRIMINATION: Provider represents .and warrants to the City that Provider
does not and will not engage in discriminatory practices and that there shall be no discrimination
o—
CoMIOLiCE LT CONTRACT.doc 7
in connection with Provider's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national 'origin. Provider further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be denied se
rvices;,or
be subject to discrimination under any provision of this Agreement.
17. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT
PROGRAM: The City has established a Minority and Women Business Affairs and Procurement
Program (the "M/WBE. Program') designed 'to ;increase the volume of City procurement and
contracts with Blacks, Hispanic and Women -owned business. The M/WBE Program is found in
Ordinance No. 10062, a copy of which has been .delivered to, and receipt of which is hereby
acknowledged by, Provider. Provider understands and agrees than the City shall have . the right to
terminate and cancel this Agreement, without notice or penalty to the City, and to eliminate
Provider from consideration and participation in °future City contracts if Provider, in the
preparation and/or. submission of the Proposal, submitted false of misleading information as to its
status as Black, Hispanic and/or Women owned business and/or the quality and/or type of minority
or women owned business participation.
18. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in
part, without, the prior written consent of the City's, which may be withheld or conditioned, in the
City's sole discretion.
19. NOTICES: All notices or other communications required under this Agreement shall be
in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a .party may designate by noticegiven as herein provided. Notice shall be deemed
CoRPOLICE LT CONTRACT.doo 8
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given on the day on which personally delivered; or, if by mail, on the fifth day after being Posted
or the date of actual receipt, whichever is earlier.
TO PROVIDER:
Rich R. Jacobs, Ph. D.
CEO USA Consulting
SHL Landy Jacobs, Inc.
300 South Burrowes Street
State College, PA 16801
TO THE CITY:
Angela R. Bellamy
Director
City of Miami
Department of Human Resources
P. O. Boa 330708
Miami, Florida 33233-0708
10. * MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
B. Title and paragraph headings are for convenient reference and are not a part of this .
Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
t
CoMTOLICE LT CONTRAC'r.doc 9
U]
E. ' This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
21. SUCCESSORS AND ASSIGNS: This Agreement shall be' binding upon the parties'
hereto, their heirs, executors; legal representatives, successors, or assigns.
22. INDEPENDENT CONTRACTOR: Provider has been procured and is being
engaged to provide services to the City as an independent contractor, and not as an agent or
'empioyee of the City. Accordingly, Provider -shall not attain, nor be entitled to, any rights or
benefits under the Civil Service or Pension, Ordinances of the City, nor any rights generally.
afforded classified or unclassified employees. Provider Rather understands that Florida Workers'
Compensation benefits available to employees of the City are not available to Provider, and agrees
to provide workers' compensation insurance for any employee or agent of Provider rendering
services to the City under. this Agreement.
23. CONTINGENCY "CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and is subject to
amendment or termination due to lack of funds, reduction of funds and/or change in regulations,
upon thirty (30) days notice.
24. REAFFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the
representations contained in the Solicitation Documents.
25. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the rights,
duties, and obligations of each to the other as of its date. , Any prior agreements, promises,
r.
negotiations, or representations not expressly set forth in this Agreement are of no force or effect,
CoKPOLICE LT CONTRACT-doc
10-�Q
26. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each
of which shall constitute an original but all of which, when taken together, shall constitute one and
the same agreement.
27. APPROVAL BY THE OVERSIGHT BOARD: The State of Florida has appointed an
Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review and
approve all pending City of Miami contracts. As a result, contracts shall not be binding ®n the
City until such time as they have been approved by the Oversight Board. Attestation of this
Agreement by the City Clerk shall constitute evidence of its approval by the Oversight Board
28. SPECIAL INSURANCE AND INDEMNIFICATION RIDER: Please initial if
applicable: ❑ ❑
CoM: olice Lieutenant Convactdoc
IN 'WITNESS WHEREOF, the parties hereto have caused'this instrument to be executed
by their respective officials thereunto duly authorized, this the 'day and year above written.
«CitY„
CITY OF NIIANU, a municipal
AT; E . 'Y corporation
By:
�I�er,F i .C'ierl Wald H. Warshaw, City Manager
"Provider"
ATTEST: SHt< LxZLn5 L.�; 3GtCc'�b5 )r1Cs
a 'De corporation
Ricy- zacdps
Print Name: Prin e: R,ti6c S
Title: Corporate Secretary Title: Com -Sift -^s w
APPRO S ' O AND APPROVED AS TO INSURANCE
coRRE REQ MENTS:
j l `
e' V Mario Soldevilla
orney Director, Department of Risk Management
CoM:POLICE UEUTENANT coN TkACTAOC 12
ATTACHMENT "A"
4.2 PROJECT REQUIREMENTS
The Successful Proposer shall:
1. Develop for the classification of Police Lieutenant: An Assessment Center consisting of (1) a Written
Event Planning Exercise, (2) a Multiple Choice Written Work Sample/In-Basket Test Exercise (to be
administered the same day as the Written Event Planning Exercise), (3) a Group Role-Play/Event
Planning Up -Date Presentation exercise, (4) Subordinate Performance Counseling Role Play, and (5) a
Field Incident Command exercise. Each of the 5 exercises above will provide a separate and
independent score toward the final composite score. All exercises must be appropriate to directly
measuring the knowledge, skills and abilities necessary to perform the job functions as determined in
the April 1998 Job Analysis. Provider will have input from Police Department staff, the City's expert
consultant, and possibly the Department of Justice expert in the development and validation of
examination measures.
2. Identify percentage of job domain measured by each exercise in the customized examination process.
The Provider shall ensure that the test represents the important aspects of the job.
3. Provider and Provider's firm or agency shall be present to begin administration for a period of three
days, as well as train City staff to continue administration of the examination process. Provider will be
available for communications by the City during the continued time of test administration, as well as
will have one staff member available to travel to the test site if needed by the City staff. Location of
test sites is the responsibility of the City. City staff will be utilized as proctors for the examination
process, as well as forwarding relevant testing materials on a daily basis to the Provider.
4. Provider and Provider's firm or agency shall score the examination process and generate descriptive
statistics such as means and standard deviations for the classification. Consultant shall analyze the
scores from the examination process to determine if means differ for ethnic group and gender, and to
what extent for the classification. A written report on these findings will be prepared for the City.
5. Provider shall recommend cutoff points on the customized examination process, and the City reserves
the right to review the recommended cutoff point for the process.
6. The City's expert consultant will be involved in all stages of examination development,
implementation, and validation.
7. Provider shall provide on-site orientation program to ensure all candidates receive uniform
information. This phase will include written guidelines and rules that will govern the administration of
examination process. Pre -Test study guides will also be developed for candidates detailing the
examination process and preparation that needs to be undertaken prior to the test administration.
8. Provider shall select, obtain and train individuals from the law enforcement community to serve as
assessors for the examination process. The same group and number of assessors must be used to
assess everyone participating in a particular exercise. Appropriate ethnic and gender representation
must be present among assessors representative of the candidate population. The training of tKe
CoMTOLICE LT CONTRACTAoc 13 O U
J
assessors and the ethnic and gender background making up the assessor panel must be approved by
the, City's expert consultant, and the Department of R(iman Resources for the process. The City
reserves the right to have representation present at any and all processes that involve assessors,
including but not,.limited to training sessions, orientations, and selection proceedings.
9. Prnvider shall select, obtain and train individuals to serve as role players in the examination process, as
relevant to a particular examination exercise.- Appropriate ethnic and gender representation should be
present among the role players. The City reserves the right to have representation present at any and all
processes that involve .role players, including but not limited to training sessions, orientations, and.
selection proceedings.
10. The City reserves the right,. at its own, expense, to video tape all assessment exercises. The City
acknowledges that if one session is taped then all sessions must be taped for all candidates: ,
11. T,he -Provider shall provide the candidates feedback to include a written profile of candidate's
performance from their examination processes, and a plan for improving performance that shall be
developed from the score of the candidate. .
12. The Provider shall provide to the Department of Human Resources raw and standardized scores for
each candidate per exercise as well as a total composite score, as well as distribution information.
13. The Provider shall use the recently conducted Job Analysis'that was forwarded with the RFP mailing
for the classification of Police Lieutenant and generate a separate content,validity (Final Report) report
linking the examination process to the job analysis results consistent with the Federal Uniform
Guidelines on Employee Selection Procedures. and current professional standards.
14. The Provider shall provide three (3) days of eight (8) hours each for post-tesi consultation without
charge, as well as lock their current fee rate for consultation at time of proposal for any additional work
beyond these days if necessary (this locked rate is noted in Attachment B). The City will pay for
travel, hotel,'and meal accommodations as an additional charge'to the three (3) days per classification.
.XoKPOLICE LT CONTRACTAOC'
14
•
ATTACHMENT "B"
A. Component Costs For Lieutenant's Process - includes personnel and overhead*:
1. Initial Meetings/Project Kick-off $ 3,500
(includes coordination of initial document and data exchange as well as kick-off
meeting with Miami's project team to finalize timeline and responsibilities)
J
2. Event Planning and Written Work Sample/In Basket Test Development,
Administration, and Scoring $17,400
(includes a written event planning exercise and a separate Written Work Sample MC -
format test for Lieutenants, monitor training, on-site administration, printing of test
materials, candidate notifications and test scoring)
t.
3. Oral Exercise Test Development, Administration and Scoring $12,800
(includes subordinate role play exercise, field incident command exercise, and group
presentation on event planning up -date exercise for Lieutenant, monitor and assessor
training, on-site administration, printing of test materials, candidate notifications and
test scoring)
4. Candidate Preparation $6,000
(includes camera-ready copy of study guides for all test components, and on-site
orientation program for each classification)
5. Final Report $5,500
6. SHIA J Travel and Accommodations $9,500
7. Assessor Acquisition $20,300
Total s
(includes 2 -week advance notice airline tickets, hotel rooms for 9 nights and 9 days of per diem for
12 assessors- 3 assessors for each of the oral board exercise panels and three assessors for scoring
the Event Planning Written Exercise that is independent of the Group Role -Play. Event Planning
Up -Date Oral Board exercise)
$75,000
I
0 09
CoKPOLICE LT coNfRACT.doc 1 S
-- ,
'These component costs include: travel and accommodations for SHULJ staff; courier and mail
services; communications (voice, fax, and e-mail); and the reproduction of all test materials and
printing costs of surveys (excluding candidates preparation booklet and book list), clerical support,
administrative supplies and three days (8 hour days) of litigation services. Additional litigation
services are contracted at the following rates: $350 per hour for Frank Landy, Ph. D., Director and
'1*1stifying/Consulting Expert; $300 per hour for other Testifying and Consulting Experts; $275 per
hour for the Project Manager; $150-300 per hour for Consultants, and $25-75 per hour for Clerical
and Paralegal.
B. PAYMENT SCHEDULE
Payment will be made to LJA upon a benchmark system of project completion. Payments (once
invoices for services have been received) will be made as follows for the Police Lieutenant process:
1. No .more than $3,500 -,Ml[be paid after the development of the Kick-off Orientation
Prog
2. No more than $26,200 will be paid. After the development of the. written test and Oral .
Board.
3. No more than $39,800 will be paid after completion of the administration of the written
test and Oral Board.
4. No more than $5,500 will be paid after receipt of the final report.`
C. DISCOUNTS
'A cash discount of 2% will be provided for payment received within 30 days of invoice.
CpM:POLICE LIEUTENANTCONTRACT.doc 17
RFP NO.97.96.103 TABULATION BY THE EV
CONSULTING SERVICES FOR POLICE LIEUTEP
PROPOSERS
t: ' RATER #1 RATER 02 RATER 83 RAS H
.1
K
91
Or. JOM L Banks
82
3125 N W. 71 a Awns„
72.8
MN9&a. Fla 33003
1 10 0 a
Nor►Loca1 / 8th
71
T"as 17002
64.6
Non•tOcayNon.Al,"
.
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300 ut
Soh 8wrow„ SIMI
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101
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Y Akron, pop
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97 91 96 9e
1433 INbad6e10 onve
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11 60 53 61
Colorado 80138
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71
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91
1757 W. eroaa SWOK Ste. 5
82
Owego,
Owe, FIa. 32765
72.8
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^. Su,e 3900
houslon.
71
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309 W- W+Mw9Wn St. Ste. 1000
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Chcw.Y 60604
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'No* n Tbw of pnhp under pho" 1 sb0w Wft 125
APPROVED BY
73
71
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91
79
82
101
108
106
75
57
64
53
AL "0" COMMITTEE br
ANT EXAMINATION PROCESS
RATER Ira AVERAGED
OVERALL TOTAL
SCORES
W -ORE
RLCL PRIcwe
1 6.6
31.8
100 97
100.1
1
19 52.6
64.6
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'79.7
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0
SHL GroupI
PIC
PROFESSIONAL LIABILITY INSURANCE
The group has a world-wide insurance cover which protects all subsidiary and
associated companies
Insu: ed:
Cover:
Limit of
Indemnity:
SHL Group plc and subsidiary companies and branches including:
SHL Aspen Tree. Inc.
SHL Landy Jacobs Inc
Saville & Holdsworth Limited USA Inc
S�«s Mason C m
Any civil liability other than risks which would normally be insured under
the following insurance policies:
(i) Workman's Compensation/employers liability.
(ii) Automobile/motor.
(iii) ' - Comprehensive General Liability (other than Products) in USA/
Canada. .
in 'respect of any claim made during the period of , the policy. For -
subsidiaries in USA/Canada includes, but. is not limited to, the following
insurance covers:
Professional Indemnity - against the risk of being sued for an error in
your professional activities ("getting your consultancy wrong"1);
Product Liability — covers liability for injury, loss or- damage caused by
products supplied, .or loss or damage caused by errors in products supplied;
Libel/Slander/Defamation liability for allegations that you have libelled
or slandered someone else.
.£10,000,000 in the aggregate in'any one year.
Legal costs (for defending a claim and costs awarded to the claimant) are
included within the limit.
Deductible: . £50,000 each claim.
Smithson Mason Ltd
31 Clarendon Road
Leeds LS2 9PA
United Kingdom
Telephone: +113 294 4000
Fax: +113 294 4100
E-mail: infoe smg-plc.com
Roger Litton/Steve Johnson
January 1999
Go— 209
• CERTIFICATE OF INSURANCE
chis certifies that ® STATE FARM FIRE AND CASUALTY COMPANY. Bloomington, Illinois
C] STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
insures the following policyholder for the coverages indicated below:
Name of policyholder Frank Landy & Rick Jacobs DHA Jacobs/Landy Partnership
Address of policyholder 300 S. Burrowes St.
State College, PA 16801-4012
Location of operations 300 & 305 S. Burrowes ST.
State College, PA 16801
POLICY NUMBER
•A b
TYPE OF INSURANCE
POLICY PERIOD
Effective Date Expiration Date
LIMITS OF LIABILITY
❑ Comprehensive
GenBODILY
� Lil.............
INJURY
❑ Dual Limits for.
❑ Manufacturers andEach
Occurrence S
bilit.....................................Contractors Lie.... .. - ._..._.... ....._......._......
Aggregate $
- owners, Landlords.
ll
...........................................and Tenants Li....!y...... .................................................
PROPERTY DAMAGE
Each Occurrence S
This insurance includes: ❑ Products - Completed Operations
Aggregate,
❑ Owners or ConVactors Protective Liability
[3 Contractual Liability
BODILY INJURY AND
PROPERTY
Professional Errors d Omissions
C3an
OHMAGE
E3Combined r: Single Limit for
❑ Broad Form Property Damage
Each Occurrence
❑ Broad Form Comprehensive General Liability
Aggregate
CONTRACTUAL LIABILITY LIMITS (If different from above
POLICY PERIOD
POLICY NUMBER
TYPE OF INSURANCE
Effeed" DoE Explradw DateEac
BODILY INJURY
ooaurenoe
98-13-2798-0 F
-Office
SEP -14--98 SEP -14-99'
PROPERTY DAMAGE
98-97-9914-1 F
-Office
MAR -06-99 MAR -06-00
Each Occurrence
Aggregate
EXCESS LIABILITY
BODILY INJURY AND PROPERTY DAMAGE
(Combined Single Limit)
❑ Umbrella
Each Occurrence S
Cl Other
Aggregate S
❑ Workers' Compensation
Part 1 STATUTORY
Part 2 BODILY INJURY
and Employers Lebity
Each Accent $
Disease Each Employee >(
Disease - Poky Lima $
an wofta e ! Owers Lada" aw Tar10 Ldr Usage elee/de
etru�er ee -- -- --UCU R Or delpAaL
THIS CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMEd;MS, EXTEN0.4. OR
ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. e
Name and Address of Certificate Holder
City of Miami -Dept. of Purchasing
449 SW 2nd Avenue
Miami, FL 33103
HW.10 OW "I A1reeA w U.S.A.
d NeprertrtlM
March 2, 1999
One
AWW 5 CON Shen
.0w
0 CERTIFICATE OF INSURANCO
This certifies that' [2STATE FARM FIRE AND CASUALTY COMPANY. Bloomington. Illinois
❑STATE FARM GENERAL INSURANCE COMPANY, Bloomington. Illinois
insures the following policyholder for the coverages indicated below:
Name of policyholder SHL LandVlJacobs . Inc
Address of policyholder 300 S. Burroves St.
State College, PA 16801-4012
Location of operations Multiple locations as scheduled
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
Effective Date Expiration Date
LIMITS OF LIABILITY
❑ Comprehensive
General
........................................................ '. ...............................
BODILY INJURY
❑ Dual Limits for.
......................
Manufacturers and
Each Occurrence S
................ Contractors LiabFity.. ..........................................
Aggregate $
• ❑ Owners. Landlords.
end Tenants
................................... ...................•._...•.._..................•....
PROPERTY DAMAGE
Each Occurrence S .
This insurance includes: ❑ Products - Completed Operations
Aggregate'
❑ Owners or Contractors Protective LWAIty,
❑ Contractual Liability
BODILY INJURY AND
❑ Professions! Errors and Ornissions
❑ Combined Single Limit for PROPERTY DAMAGE
❑ Broad Form Property Damage
Each Occurrence
❑ Broad Form Comprehensive General Lj b'6ty ,..
Aggregate
CONTRACTUAL LIABILITY LIMITS (if different from shove
POLICY PERIOD
POLICY NUMBER
TYPE OF INSURANCE
Effective Date Exaratlon Date
BODILY INJURY
Each Occurrence
PROPERTY DAMAGE .
Each Occurrence
Aggregate
EXCESS LLABILITY
BODILY INJURY AND PROPERTY DAMAGE
(Combined. Single Lam)
❑ Umbrella Each Occurrence $
❑ Other Aggregate S
9$ -ice -1135-1 Pan 1 STATUTORY
Workers' Compensation JAN -03-99:' JW -03-00 Part 2 BODILY INJURY
and Employers Liability Each Accident s 100.000.00
Disease Each Employee $ .100,000-00
Disease - Policy Umit s 500,000.00
AW"M not sssee.tr.I OWM& tanearft aro rWWO VADY.N1100"epdeCe.
suer aarssea e.. aNNOWI M or dwa mes
THIS CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS. EXTENDS. OR
ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
Name and Address of CerdflMe Holder
City of Miami -Dept. of Purchasing
444 SW 2nd Avenue
Miami, FL 33103
•N.. 10 M. Nt *~a uA.A
fru[
n~
March 2, 1999 l
au '
Ag"'. Cao. stn"
"0
UNITED STATES OF AMERICA,
Plaintiff,
VS.
CITY OF MIAMI, and FRATERNAL
ORDER OF POLICE, LODGE 201
Defendants,
and
PROFESSIONAL FIREFIGHTERS
OF MIAMI, LOCAL 587, INTERNA-
TIONAL ASSOCIATION OF FIRE-
FIGHTERS, AFL-CIO,
I ntervenor/Defendant.
United States District Court
Southern District of FJorlda
Case No. 75 -3096 -Civ -Highsmith
by
"iAY - 4 1999
CARLOS �UCKKE
CIEMK U.S. 01ST. CT.
c.0. us Irl -A. . Y1wY1
ORDER SUPERSEDING THE 1977 CONSENT DECREE
WITH RESPECT TO PUBLIC SERVICE AIDE AND SWORN
CLASSIFIED POSITIONS IN THE POLICE DEPARTMENT,
AND TERMINATING THE 1977 CONSENT DECREE WITH
RESPECT TO ALL OTHER CITY DEPARTMENTS AND
POSITIONS UNDER THE DECREE'S PURVIEW
THIS CAUSE came before the Court upon motion by plaintiff United States of
America ("United States") to modify the 1977 Consent Decree with respect to the
public service aide and sworn classified positions in the City of Miami ("City") Police
Department, and to terminate the Consent Decree with respect to all other City
departments and positions under the Decree's purview. i
Jf
Upon review of the United States' motion and the entire record in this matter,
the Court finds that the basic objectives of they Consent Decree have been achieved,
the City has acted in good faith compliance with the Decree, and the vestiges of past,
discriminatory practices against blacks, Hispanics, and women have been eliminated
.,n
ORDER SUPERSEDING THE 1977 CONSENT DECREE
WITH RESPECT TO PUBLIC SERVICE AIDE AND SWORN
CLASSIFIED POSITIONS IN THE POLICE DEPARTMENT,
AND TERMINATING THE 1977 CONSENT DECREE WITH
RESPECT TO ALL OTHER CITY DEPARTMENTS AND
POSITIONS UNDER THE DECREE'S PURVIEW
THIS CAUSE came before the Court upon motion by plaintiff United States of
America ("United States") to modify the 1977 Consent Decree with respect to the
public service aide and sworn classified positions in the City of Miami ("City") Police
Department, and to terminate the Consent Decree with respect to all other City
departments and positions under the Decree's purview. i
Jf
Upon review of the United States' motion and the entire record in this matter,
the Court finds that the basic objectives of they Consent Decree have been achieved,
the City has acted in good faith compliance with the Decree, and the vestiges of past,
discriminatory practices against blacks, Hispanics, and women have been eliminated
to the extent practicable. Specifically, the.Court finds that the City has remedied the
substantial under -representation and segregation of blacks, Hispanics, and women
in its workforce, and has achieved workforce parity with the Miami civilian labor force
to the extent practicable.
Accordingly, termination of the Consent Decree is appropriate, except as
necessary to complete the development of selection, devices for certain job
classifications in the Police Department as set forth herein. It is, therefore,
ORDERED that the 1977 Consent Decree is terminated as to all departments,
agencies; -and .positions of defendant City of Miami ("City") presently, under the -
Decree's purview, except as described herein.. Itis
FURTHER ORDERED that with respect to each job classification presently
covered by the Consent Decree, the. City shall immediately cease using the long-.
and short-term hiring and promotion goals required by the Consent Decree, as well.-Y--
as
e11:Y_as measures such as the "rule of eight7 adopted by the City to implement such goals;=-_
because such measures are no longer necessary to remedy the effects of paste
discrimination. It is
FURTHER ORDERED that this Order replaces the 1977 Consent Decree with
respect to the public service aide and sworn classified positionsi.e., police officer,
sergeant, lieutenant, and captain) in the City's Police Department. As to these
positions, this Court orders the following:
A. General Iniunctive Relief
1. The City, its officials, agents, employees and all persons in active concert
or participation with them in performance of Police Department functions are
enjoined and restrained permanently from engaging in any act or practice that has
the purpose or effect of unlawfully discriminating against any employee, or any
applicant or potential applicant for employment with, the Police Department because
of such individual's race, national origin or sex.
Go- 109
B.Goal
2. The goal of this Order is to prevent future hiring and promotional
discrimination in the City of Miami Police Department by ensuring that the City has
in place lawful selection devices for the public service aide and sworn classified
positions prior to termination of this Court's supervision as to those positions.
C.. Development of Lawful Selection Procedures
3. The City shall continue the development of lawful selection procedures for
the screening and hiring of candidates for the job classifications of public service
aide, police officer, sergeant, lieutenant, and captain that either: (1) have no adverse
impact on the basis of race, national origin, or sez; or, (2) if they do have adverse
impact, are demonstrated to be job-related for the position at issue and shown to be
consistent with business necessity. In addition, the City shall investigate and
implement alternative selection procedures with less adverse impact which serve the =.
City's needs. Before expiration of this Order the City shall have in place selection
procedures for the public service aide and sworn classified positions that can be
demonstrated to meet the above requirements.
4. Commencing four (4) months after the entry of this Order and every four -
months until its expiration, the City shall submit a report to this Court, the. United
States and amicus Lawyers' Committee describing in detail the steps the City has
taken in the development of these new selection devices. In this report, the City
shall indicate: the progress made during the preceding four (4) months toward the
development of new selection procedures (including, but not limited to, a summary
of any analyses done by any experts and/or consultants); a summary of the analyses
to be completed in the next four (4) months toward the development of lawful
selection procedures; and the likelihood that the selection development requirements
and deadlines imposed by this Order will be met.
5. With respect to each selection device under the purview of this Order, the
United States' expert in test development shalt be permitted to(a , revi�,''v
examination :development parameters, proposals received, and the selection of a
consultant for the development sof the examination; and (b) review and approve the
work product, including raw data, at- each stage of the development of the
examination before development proceeds to the next step.
6.. All material related to test development,-, including copies of tests or
proposed tests, test keys and test results shall be marked "confidential test material"
by the City prior to being forwarded to. the United States'. testing expert. This
.confidential test material shall not be disclosed by the United States' testing expert
to anyone other than counsel for the United States and counsel for the amicus
Lawyers' Committee without the written permission of the City -or an Order of this
Court. This; paragraph does not increase or limit the rights of any person other than
the United States or amicus Lawyers' Committee under the Florida Public Records
Law, Chapter 119 of the Florida Statutes. Such confidential test material shall not
be filed with the Court unless it is filed in a sealed .envelope marked confidential -
testing material." Any material that is marked "confidential testing material" shall not
be disclosed by the clerk to the public without an Order.from this Court.
7. The City shall provide assistance to applicants to;prepare for both written
and physical performance tests and for oral interviews. The City shall also provide
sufficient information on test content at least three (3) months in advance of the.
expected examination date so that concerned organizations will have an opportunity
to develop and implement an adequate training program. All information regarding
the City's test preparation program(s) shall -be provided to the United States and
amicus Lawyers' Committee for review and approval prior to im plementation. of the
programs, and the City shall consult with the United States and amicus Lawyers'
Committee regarding the success of these programs. ,In addition, the City shall
implement further test preparation program(s) at the request of either the United
States or amicus Lawyers' Committee, or by supplemental, order pf this, Court -
1209
0. 0
0. interim Hiring and Promotions
8. Between the date of entry of this Order and the date on which the Court
finds that the City has developed a selection procedure that meets the requirements
of federal law, as set forth in Paragraph 3 of this Order, (hereinafter the "interim
period"), the City shall be permitted to select and appoint candidates for the positions
of public service aide, police officer, sergeant, lieutenant, and captain, provided that
such appointments comply with applicable law, including Title VI I of the Civil Rights
Act of 1964, as amended, 42 U.S.C. §2000e, et M. If a component of a selection
procedure utilized for the above -referenced positions during the interim period
causes disparate impact on the basis of race, national origin, or sex, and the City
cannot demonstrate that it is job-related and consistent with business necessity, that
component of the selection procedure must be utilized in a. manner that has no
adverse impact against individuals based on race, national origin, or sex. More
specifically, if the City cannot demonstrate that a component of the selection "..
procedure utilized during this interim period is job-related and consistent with*
r'
business necessity, then the City shall make decisions such that the proportion of
z
each racial, ethnic, and gender group among all persons selected through the use
of that component reflects the proportion of each racial, ethnic and gender group
among all those who participated in that component of the selection process.
During this interim period, the City shall provide advance written notice to the
United States prior to the provisional or permanent appointment of any candidate to
the positions of public service aide, police officer, sergeant, lieutenant, or captain,
as discussed herein.
9. The City shall not, from the date this Order is entered, make any further
appointments from certification lists that have been created using the rule of eight.
With respect to the classified promotional ranks in the Police Department, it is
understood that Florida law requires the City to bargain collectively with duly certified
bargaining agents as to promotional procedures for public employees. Fla. Stat. §§
447.201, et seq.; United States v. City of Hialeah, 140 F.3d 968, 983 (110 Cir.
1998); United States v. City of Miami, 664 F.2d 4:35 44F; rr,1 r•ir 1 QA1 \ 6, 0 — ',�:
E. Recruitment
10'. The City shall continue to develop and reassess its present affirmative
recruitment program designed 'to inform blacks, Hispanics, and women of job
opportunities for public service aide and sworn classified positions in the Police
Department. The recruitment program shall include maintaining contacts with area
high schools, technical. and vocationaI-schools, colleges, and organizations that have
traditionally expressed an interest in providing information to minority and female
applicants or that indicate such interest in the future, and informing them of
employment opportunities for City residents. In addition, where appropriate,
advertising of employment opportunities shatl be placed with -radio stations and other
mass. media primarily directed at black, Hispanic, and female audiences for* the
purpose, of emphasizing to minorities and, women the availability of employment
positions.
F. Record-KeeoinQ
11. The City shall continue to maintain during the life of this Order all records
f
necessary to support its implementation, including, but not limited to, data relating =
to test -takers' race, ethnicity, gender, and raw test scores; written and physical agirdy
tests, oral interviews, and other aspects of the selection procedures; and records
relating to the development of lawful selection procedures. These records shall be
provided to the United States andma icus Lawyers' Committee in accordance whh.
this, Order, as well as upon.request.
12. Within twenty (20) days,after obtaining the information referenced in this
paragraph relating to the administration of any written or physical agility examination
or the completion of any component of any selection procedure for the Police
Department positions under the purview of this Order,'the City shall provide to the
United States, in a uniform reporting form to be agreed upon by the parties, in both
hard copy and. (if available) computer disk form, the following information:
(a) the number, names, race, national origin, and sex of all individuals who
took each such examination or component;
(b) the number, names, race, national origin, and sex of all individuals who
passed/failed each such examination or component, and each of the scores
assigned to each individual, including all raw scores; and
(c) the formulae and procedures used by the defendants to arrive at each
candidate's final score(s).
13. No more than fourteen (14) days after the establishment of any eligibility
register or certification list for the Police Department positions covered by this Order,
the City shall provide a copy of such eligibility register or certification list to the
United States.'
G. Dispute Resolution
14. The parties shall attempt in good faith to resolve informally any dispute
which arises under this Decree. If the parties are unable expeditiously to resolve the
issue, any party may move the Court for resolution, provided that written notice is
first provided to the other parties.
1. in addition to Paragraphs 11 through. 13 above, the United States has also sought to,
include the following paragraph, to enable it to make a timely determination of whether the
appointment of positions covered by this order (public service aides, police officers, police,
sergeants, police lieutenants and police captains) comply with Title VIi:
Prior to the provisional or permanent appointment of any candidate to a position .
covered by this Order during the fife of this Order, the City shall provide written notice
to the United States of the number, names, race, national origin, and sex of all
individuals whom the City proposes to appoint to such position. The City shall provide
such advance notice to the United States so as to afford the United States an
opportunity to object to such appointments and for the parties to resolve the matter, or
submit the matter to the Court for resolution, prior to any such provisional or permanent
appointment. However, in any event this notice shall be provided to the United States
at least twenty (20) days prior to any such provisional or permanent appointment.
The Court declines, however, to include this paragraph because, as the Defendant City
correctly argues, its provisions are unnecessary inasmuch as the basic nondiscrimination
requirements in the Consent Decree mirror those of Title VII of the 1964 Civil Rights Act,
inasmuch as the City has had a 22 -year record of compliance with those requirements and
inasmuch as no basis has been presented to presuppose that the City would not comply
with Title VII during the life of this superseding order. Also, as noted by the City, "... not
even the original Consent Decree contained a provision as limiting on the City's ability to
hire or promote qualified employees as needed."0
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H. Enforcement and Duration of Order
15. Periodically, at the request.of any party or sua sponte by order of this
Court; this, Court shall hold.s,tatus conferences to monitor the City's-progress toward
developing lawful selection ,procedures for the public service aide and sworn
classified positions in the P61 ice -Department..
16. This Court retains jurisdiction to enter-any additional orders as may be
necessary.
17. This Order shall expire as to each of the positions under the Order's
purview when the Court is satisfied that the City has in place a selection procedure
for that position that either has no adverse impact on the basis of race, national
origin, or gender, oF can be demonstrated to be job-related and consistent 'with
business necessity, and thatthere are no alternative selection procedures with less
adverse impact which would serve.the City's needs.
18. The City shall develop' and implement selection procedures which meet;:..
the requirements set forth in Paragraph- 1.8 byi the following dates: public serviceY
aide (September 30, 1999); lieutenant (December 3.1, 1999); and police officer
(September 30, 2000). In addition, the City shall submit information to the Court by.
May 31, 1999, demonstrating that the recently implemented selection devices for the
positions of police sergeant and captain meet the requirements set forth in
'Paragraph 18.
19. Any party may seek dissolution ,of this Order's application to a position
covered by the Order on the grounds that the City has in place a selection device for
that position which meets the requirements set forth in Paragraph 18.
DONE AND ORDERED'in chambers in Miami, Miami-Dade County, Florida
this day of
LB G SMITH
U nited tates District Judge'
01 r
r
.. -' FeY
Copies furnished to: �
Benjamin' Blustein, Esq. (Dept of Justice), Albertine,B. Smith, Esq. (Asst City AttY)�
Richard T. Seymour. Esq., Robert D. Klausner, Teri Guttman Valdes, Esa.