HomeMy WebLinkAboutR-89-0044A RESOLUTIONr WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
FORM ATTACHED, BETWEEN THE CITY OF MIAMI AND PERSONNEL
DECISIONS, INC. TO CONDUCT A POLICE TEST VALIDATION
PROJECT AT A COST NOT TO EXCEED NINETY THOUSAND FORTY
DOLLARS ($909040), WITH FUNDS THEREFOR ALLOCATED FROM
SPECIAL PROGRAMS AND ACCOUNTS.
WHEREAS, The City of Miami wants to update and enhance its
Police Officer selection and evaluation systems; and
WHEREAS, it will be necessary to conduct a test validation
project to accomplish the desired objective; and
WHEREAS, implementation of the needed test validation
project requires specialized knowledge and skills; and
WHEREAS, eight proposals were submitted by consulting firms
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and evaluated by staff from the Departments of Personnel
Management and Police; and
WHEREAS, Personnel Decisions, Inc. has been selected as the
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firm best equipped to conduct the aforementioned project; and
WHEREAS, an agreement has been negotiated with Personnel
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Decisions, Inc. to perform the required services for the City at
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a cost not to exceed $90,040.00; and
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WHEREAS, funds for this project are available in the City's.
budget, Special Programs and Accounts;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section I. The City Manager is hereby authorized to execute
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the attached agreement for the conduct of a police test
validation project, in accordance with the terms and conditions
set forth therein, with funds therefor allocated from Special
Programs and Accounts.
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Section 2. This Resolution shall become effective``
immediately upon its adoption pursuant to law.}N
ATTACHMENTS
CONTAINED
CITY Coma WTI "
JAM 12 i99
pR0pZ881bRAL 89RYICES ANNEMTSRT
This Agreement entered into this day of
19 __ by and between the City of Miami, a municipal corporation
of the State of Florida, hereinafter referred to as "CITY", and
Personnel Decisions, Inc., a corporation, incorporated in the
State of Minnesota hereinafter referred to as "CONSULTANT."
RECITAL:
WHEREAS, the City of Miami wants to update and enhance its
Police Officer selection and evaluation systems
and
WHEREAS, it will be necessary to conduct a test validation
project to accomplish the desired objective
and
WHEREAS, implementation of the needed test validation
project requires specialized knowledge and skills
and
WHEREAS, the undersigned consultant has the expertise to
carry out the aforementioned project.
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NOW, THEREFORE in consideration of.the mutual covenants and
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obligations herein contained, and subject to the terms and
conditions hereinafter stated, the parties hereto understand and
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agree as follows:
TERM• J
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The term of this Agreement shall be from 1 January___,'
19§9 through 30 September, 1989.
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_ SCOPIN OF SRRVI018:
COASOLTANT will:
I. Perform Job Analysis.
A. Analyze existing data on position of Police Officer.
B. Interview a representative sample of incumbents, supervisors
and administrative personnel to obtain information about
prerequisite knowledges, skills, abilities and other
characteristics (KSAOs) necessary to perform the work
behaviors and tasks, including the academy component.
C. Develop, administer and analyze job analysis questionnaire.
D. Prepare report to include the following:
A comprehensive task listing, including frequency and
importance.
A comprehensive KSAO listing, including importance and
necessary level at hire.
- A linkage between all tasks and KSAOs.
1 - Critical incident generation to serve as a foundation
for performance criteria.
II. Conduct Meta Analysis.
A. Review numerous and most recent published and unpublished
Police Officer validation studies.
B. Research Police Officer testing literature.
C. Contact professional organizations (IPMAAC, PTC, etc.).
D. Examine existing instruments and prepare a report detailing
the following information:
- Type of validation (concurrent or predictive).
- Summary descriptive statistics.
- Statistical corrections to data. _
Population (size, racial make-up, etc.).
- Appropriateness for Police Officer position in the City'o
Miami. -
Adverse impact data.
Cost/administrative concerns..
- Outcomes of any litigation.
- Projected defensibility. +{':,
III. Test Recommendation/Development
A. Provide names and description of numerous tests and what they
measure as related to position of Police Officer.
B. Make recommendation concerning use of above tests. t'=
C. Modify existing tests or develop new tests to provide the City
with an operational test battery`
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D. Prepare report.
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IV. Develop performance criteria.
A. Obtain and analyze current performance appraisal data. 1P�.
B. Obtain and analyze objective performance data (i.e.
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attendance record, suspensions, commendations,10.
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G. Design model of effective performance.
D. Design and administer behaviorally based rating form,
F. Train raters in performance appraisal.
F. Prepare report.
V. Validate Assessment Center.
A. Obtain results of previously conducted City of Miami Police
assessment centers.
B. Apply new performance criteria measures to individuals
assessed through the City of Miami assessment center.
C. Statistically analyze for validity.
D. Provide recommendations for using assessment center to select
Police Officers.
E. Prepare report.
= VI. Develop selection system for Field Training Officers.
A. Analyze existing data on position of Field Training Officer.
B. Develop and administer survey questionnaire to recent academy
graduates, Field Training Officers and supervisory..personnel
C. Analyze survey questionnaire.
D. Prepare report.
VII. Miscellaneous.
A. Establish an Advisory/Review Committee of Ph.D. psychologists
with Black, Hispanic and female representation from the local
Miami or Dade County area.
B. Meet with Advisory/Review Committee and City staff at the i
start and conclusion of each major phase of the project to 4
review project plans, implementation and reports. r
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— C. Analyze events on Physical Agility Test and existing data.°i
D. Make recommendations for improving Physical Agility Test.
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VIII. Provide Final Report linking all of the above into a legally
defensible selection system.
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COMPENSATION:
A. CITY shall pay CONSULTANT, as maximum compensation for.'-'
the services required pursuant to Paragraph IT hereof, '
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$ 90, 040.00 3�f s
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-S Such ootpeneat i on shall
below upon receipt and approval of the following tOPOrt8.
per Scope of Services: ....
1. Report I.D.
2. Report II.D.
3. Report III.D.
4. Report IV.F.
5. Report V.E.
6. Report VI.D.
7. Final Report VIII
TOTAL
Wt230.00
5,250.00
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17070.00
9:660.00
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9r660.00
9,660.00
22, 510.00,
$909040.00
C. CITY shall have the right to review and audit.the time
records and related records of CONSULTANT pertaining to �-
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any payment by the CITY. z
IV.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: j
Both -parties shall comply with all applicable laws.
ordinances and codes of federal, state and local governments.
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address indicated herein or as the same may be changed..
from time to time. Such notice shall be deemed :given
on the day on which personally served; or, if by mail,, =f
:'- on the fifth day after being posted or the date of, �-
actual receipt, whichever is earlier. z
CITY OF MIAMI CONSDLTANT:
Validation Supervisor Personnel' Decisions, Tncr
Dept. of Personnel Management 1500 No. Central Life Tower,'_
1147 NW.11 Street, Room,21.2 445 Minnesota S;tr.eet,'_
Miami, FL 33136
St. Paul, Minnesota 5510:.
Title and 'paragraph _headings _ are f,Qr, . , ;convei,1v
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,� re erene�a and 'are, not ,a, pert .o hi,-
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C� In the event of conflict between the terms of this
Agreement and any terms or conditions contained in arty
attached documents, the terms in this Agreement shall.
rule.
D. 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. E. Should anyprovisions, paragraphs, sentences, words or
phrases 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 provisions,
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paragraphs, sentences, words or phrases shall be deemed
modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with
such laws, 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.
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VI.
OWNERSHIP OF DOCUMENTS:
All documents developed by CONSULTANT under this Agreement
shall be delivered to CITY by said CONSULTANT upon completion of
the services required pursuant to paragraph II hereof and shall
become the property of CITY, without restriction or limitation on
its use. CONSULTANT agrees that all documents maintained and
generated pursuant to this contractual relationship between CITY
and CONSULTANT shall be subject to all provisions of the Public
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Records Law, Chapter 119, Florida Statutes.
It is further understood by and between the parties that any,
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information, writings, maps, contract documents, reports or' -any. ;
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oj6j'matttr Vhatsoever which is given by CITY to CONSULTANfi
_ pursuant to this Agreement shall at all times remain the property
of CITY and shall not be used by CONSULTANT for any other
purposes whatsoever without the written consent of CITY,
YII.
*01DELEGABILITY: {
That the obligations undertaken by CONSULTANT pursuant to '-
this Agreement shall not be delegated or assigned to any other
person or firm unless CITY shall first consent in writing to the
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performance or assignment of such service or any part thereof by
another person or firm.
YIII.
AUDIT RIGHTS:
CITY reserves the right to audit the records of CONSULTANT
at any time during the performance of this Agreement and for a
period of one year after final payment is made under this
Agreement.
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AWARD OF AGREBIMT:
CONSULTANT warrants that it has not employed or retained any
person 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 employed by the CITY any fee, commission percentage;
broke fee, or gift of any kind contingent upon or resulting
from the award of this Agreement.
CONSTRUCTION OF AGREEMENT: 4
This Agreement shall be construed and enforced according to
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the laws of the State of Florida. 2
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{{ SUCCBBSORS AND ASSIGNS: s
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This Agreement shall be binding upon the parties heein;K
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their heirs- executors, legal representatives', sucaess�rs, a _
pis .,. •' a
#; assigns •
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%II.
INDRMNIFICATIOIf:
CONSULTANT shall indemnify and save CITY harmless from and
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against any and all claims, liabilities, losses, and causes of
action which may arise out of CONSULTANT's wrongful activities
under this Agreement, including all other acts or omissions to
act on the part of CONSULTANT, including any person acting -for or
on its behalf, and, from and against any orders, judgments, or
decrees which may be entered and from and against all costs,
attorneys' fees, expenses and liabilities incurred in the defense
of any such claims, or in the investigation thereof.
%III.
INSURANCE:
A. During the term of this Agreement, consultant shall
maintain insurance coverages in amounts as determined by the Risk
Management Division of CITY. The CITY shall be named as an
additional insured.
B. Consultant shall furnish certificates of insurance, as
required, to CITY prior to commencing any activities under this
Agreement.
%IQ.
LEGAL DEFENSE:
In the event of litigation of any nature, the Contractor
shall cooperate with, and assist, the City in the defense of any
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litigation arising from the administration of the examination, 3
including but not limited to serving as an expert witness
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thereat. Consultant shall be remunerated
for consultation
and
assistance during litigation provided
the litigation did
not
result from Consultant's wrongful act
or omission to
act.
Remuneration for such consultation shall
not be considered
part
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of this contract and shall be billed
at a mutually agreeable
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consulting rate.
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%Y.
CONFLICT OF INTEREST:
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A. CONSULTANT covenants that no
person under .its employ
who presently exercises
any functions_.
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responsibilities in connection
with this Agreement
has
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any personal financial interests, direct or indirect,
with CITY. CONSULTANT further covenants that, in the
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performance of this Agreement, no person having such
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conflicting interest shall be employed. Any such
interests on the part of CONSULTANT or its employees,
must be disclosed in writing to CITY.
B. CONSULTANT is aware of the conflict of interest laws of
the City of Miami (City of Miami Code Chapter 2,
Article V), Dade County Florida (Dade County Code
Section 2-11.1) and the State of Florida, and agrees
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that it shall fully comply in all respects with the
terms of said laws.
ZVI .
INDEPENDENT CONTRACTOR:
CONSULTANT and its employees and agents shall be deemed to
be independent contractors, and not agents or employees of CITY,
and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of CITY, or any rights generally
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afforded classified or unclassified employees; further he/she
shall not be deemed entitled to the Florida Workers' Compensation
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benefits as an employee of CITY.
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%VII .
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TERMINATION OF CONTRACT:
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CITY retains the right to terminate this Agreement at any
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time prior to the completion of the services required
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paragraph II hereof without penalty to CITY. In that event,
notice of termination of this Agreement shall be in writing to
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CONSULTANT, who shall be paid for those services performed prior
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to the date of its receipt of the notice of termination. In no
case, however, will CITY pay CONSULTANT an amount in excess of
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the total sum provided by this Agreement.
It is hereby understood by and between CITY and CONSULTANT
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that any payment made in accordance with this Section to
CONSULTANT shall be made only if said CONSULTANT is not in,r=
default under the terms of this Agreement. If CONSULTANT is in
default then CITY shall in no way g be obligated and shall not a
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to CONSULTANT any sum whatsoever.
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Nr��r�rscRix�NA��c�:
CONSULTANT agrees that it shall not discriminate as to race,
sex, color, creed, national origin, or handicap in connection
with its performance under this Agreement. Furthermore that no
otherwise qualified individual shall, solely by reason of his/her
race, sex, color, creed, national origin, or handicap, be
excluded from the participation in, be denied benefits of, or be x
subjected to discrimination under any program or activity `=
receiving federal financial assistance.
XIX.
MINORITY PROCUREMENT COMPLIANCE:
CONSULTANT acknowledges that it has been furnished a copy of
Ordinance No. 10,062, the Minority Procurement Ordinance of the _
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City of Miami, and agrees to comply with all applicable
substantive and procedural provisions therein, including any
amendments thereto.
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CONTINGENCY CLAUSE: ^r
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Funding for this Agreement is contingent on the availability
of funds and continued authorization for program activities and
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is subject to amendment or termination due to lack of funds, or
authorization, reduction of funds, and/or changes in regulations.
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DEFAULT PROVISION:
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In the event that CONSULTANT shall fail to comply with each
and every term and condition of this Agreement or fails to 'x
perform any of the terms and conditions contained herein, then
CITY, at its sole option, upon written notice to CONSULTANT mayJjt
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cancel and terminate this Agreement, and all payments, advances, r
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or other compensation paid to CONSULTANT by CITY while CONSULTANT
was in default of the provisions herein contained, shall be-'-;
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forthwith returned to CITY. F�
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This instrument and its attachments constitute the sole and
t only Agreement of the parties hereto relating to said rant and
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correctly sets forth the rights, duties, and obligations of each
to the other as of its date. Any prior agreements, promises,
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negotiations, or representations not expressly set forth in this
Agreement are of no force or effect.
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AMENDMENTS: �•`K
' No amendments to this Agreement shall be binding on either.
party unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this ;
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instrument to be executed by the respective officials thereunto
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duly authorized, this the day and the year first above written.
CITY OF MIAMI, a municipal ,m
corporation of the State of Florida
ATTEST:
By
City Clerk City Manager
ATTEST: CONSULANT:
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By
Corporation Secretary T i t 1 e.
Seal)
.` WITNESSES:,
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(NOTE: If CONSULTANT is not
a corporation, two •'��� ,sf f
witnesses must sign.) k
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APPROVED AS TO INSURANCE APPROVED AS TO FORM AND.
f:. REQUIREMENTS: CORRECTNESS: w kr1F`{
ClaimsDivision
City Attorney
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INTER•OMCE MEMORANDUM
To The Honorable Mayor and DATE : Fq.E
89
Members of the City . Commission J�� 3 �9
SUMECT: Proposed Resolution and
Contract to Update and'Enhance
Police Selection Test Battery
FROM: Cesar H. Odio REFERENCES
City Manager. ENCLOSURES
RECOMMENDATION
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It is recommended that the City Commission adopt a Resolutton.author-":' f
Iwotztng
the Ctty,Manager to execute a professional services agreement ;
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with-Pereorinel Dectsions, Inc. to conduct a police selection test
validation project at a cost not to exeeed;$90,040_utth funds avail-
able from Special Programs and Accounts,: per the attached-Res6lutton•;ru,`
BACKGROUND ��zz
In'`,Decembert 1986, I established a Police Task Force consisting o' tops
members of.,my staff and of the Police:: Department staff o jo;ntl{{
review present procedures within the Police Department and recommend ? 4
changes dtrected at'strengthening operations .and impr.oving.ahe e ft
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ciency of internal . procedures. One. of the .main ,;areas of. "eonoern:.is x
the need for updating the test battery used to select"police; officers+
The current battery has been in use for about 10 years, and we.are not -ZIP,
longer confident that it is as effective as other testing tnetrnments
available.
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In.view of these concerns, a epar men o
requested proposals fora comprehensive police test validation +study• R�f
Eight proposals were received..and evaluated by ate�ff from. the De,at-.°µ� f;
menu of Personnel Management and Police. These cepartments.have ;x°a
concluded that, based upon the firm's experience, personnel,.ree4urceg,
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:.and competitive fee, Personnel Decisions,- Inc, is best: pr..eperec�
perform the ervices required by the City. : {.z
Personnel Decisions, Inc.,,. has. ample .experience as { consu3,ant ' 4a►�
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enforcement selection with large municipalities. The , �t�rm i IAA
in -the t4tnneapolWSt. Paul area; however, it ha$-,agreed,,,'.to oe d � .
the project to consultation with an Advisory -Revte
ing of psychalogats with ,$lack,", Hispanic ,and fQmad �rep�res+�nta
from the' Miazai`/Dade County area. The individuals" a ee>x
this commttte+a are Dr. Rerman . Dorsett, rAr. aJoq 0*,4PoQzn1,
it dQ'llsi'dor
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The recomme . Aed ":prQfe`ss#onal ssrvi�4 a ngr� eA� oQtl 'e t t #e .,
4Anuar� Septe;aber Q 1 + $1 w th l tag t pe t
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