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HomeMy WebLinkAboutR-87-0235J-87-237 I .3/5/87 RESOLUTION 8 7-235 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH VALLE-AXELBERD AND ASSOCIATES, INC., IN SUBSTANTIALLY THE FORM ATTACHED, FOR THE PURPOSE OF ADMINISTERING PSYCHOLOGICAL SCREENING PROCEDURES FOR POLICE OFFICER APPLICANTS AT A COST NOT TO EXCEED FORTY-SEVEN THOUSAND TWO HUNDRED FIFTY DOLLARS ($47,250) WITH FUNDS THEREFOR ALLOCATED FROM THE POLICE DEPARTMENT BUDGET. WHEREAS, it has been determined that certain modifications are needed in the selection process for Police Officer in order to accomplish improved screening; and WHEREAS, it has been determined that in-depth and comprehen- sive psychological evaluation of Police Officer applicants is among the modifications needed in the selection procedure; and WHEREAS, the City of Miami desired to have state-of-the-art screening and selection procedures for the job of Police Officer; and WHEREAS, the firm of Valle-Axelberd and Associates, Inc., has been determined to be best equipped to provide the appropriate psychological evaluation procedures; and WHEREAS, Valle-Axelberd and Associates, Inc., is willing to comply with the contractual requirements specified by the City of Miami; and WHEREAS, the funds necessary for the execution of this agreement are available from salary savings in the Police Department budget; V W, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, in substantially the form attached, with Valle- Axelberd and Associates, Inc., for comprehensive psychological evaluation of Police Officer candidates, in an amount not to exceed $47,250 with funds therefor hereby allocated from the Police Department budget. ATTACHMENTS CONTAINED CITY COMMISSION MEETING OF MAR 13 1987 :SOLUTION m. 87==5 'MARKS: ■ PASSED AND ADOPTED THIS 13th DAY OF March , 1987. VIER L. SUARNZ, MAYOR ATTESTS i MMM HIRAI, CITY CLERK PREPARED AND APPROVED BY: J ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY BUDGETARY REVIEW & APPROVED BY: FINAN IEW & APPROVED BY: ^1Gli CARLO ARCIA, DIRECTOR APPR0WD A91 TO FORM :AND CORRECTNESS: CITY ATTORNEY 0 PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of 087, by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY" and Valle-Axelberd & Associates, Inc., a Florida for Profit Corporation hereinafter referred to as "CONSULTANT." R E C I T A L WHEREAS, THE CITY OF MIAMI, requires professional services in the nature of psychological screening procedures for police officer applicants; and WHEREAS, the CONSULTANT has expressed a desire to perform the required services-for'the CITY; Now, THEREFORE, the CITY and the CONSULTANT do mutually agree as follows: ARTICLE I RESPONSIBILITIES OF THE CONSULTANT The Consultant shall: A. Administer an evaluation format consisting of the following instruments and procedure. 1. Minnesota Multiphasic Personality Inventory (MMPI) 2. California Psychological Inventory (CPI) 3. Rorschach Psychodiagnostic Inkblots 4. Revised Beta Examination II (Beta II) 5. Clinical Interview B. Interpret the battery of tests in item A to screen out police applicants who possess mental conditions or psychological characteristics that make them a high risk for the position of police officer. Examples of conditions and characteristics to be tested for include the following: 1. Psychosis 2. Lack of impulse control 3. High -degree of immaturity 4. Poor judgment capabilities 5. Character disorders (especially those individuals who may be prone to corruption or unable to follow a } rules) 8'7--235 6. Tendencies to be very passive or aggressive in critical situations 7. High anxiety levels or inability to cope with the stress of police work 8. Very poor socialization skills/inability to interact with the public 9. Racial or ethnic prejudice C. Identify those characteristics in individuals which would qualify them as good candidates. These would include: 1. Good judgment during crisis situations 2. Capacity to handle responsibility 3. Good general academic potential 4. Flexibility and good socialization skills 5. Good self-concept 6. Ability to manage stress D. Conduct a clinical interview with each applicant to identify evidence of the following: 1. Psychiatric history 2. Drug or alcohol usage 3. Employment history/problems 4. Prior: arrest or legal problems 5. Family history problems 6. Any other potential problems 7. Confirm written test findings E. Submit to the Miami Police Department and the Department - of Personnel Management an evaluation report on each applicant which includes, at a minimum, the following: 1. The applicant's demographic information. 2. The names of tests administered. 3. Evidence of behavior problems. 4. Evidence' of problems such as drug or alcohol use, psychiatric disorders, employment or job related difficulties, motor vehicle accidents/violations and prior arrests. 5. A summary statement which addresses the applicant's potential for police training and suitability as a future police officer, including a rating of acceptable, marginal or unsuitable for each applicant. The turnaround time from testing to receipt of the report by the departments shall not exceed more than 10 days. F. Provide the Miami Police Department Backgrounds Unit with supplemental written materials (complete glossary of all terms relevant to the screening process and evaluation reports), and training to facilitate the use l of the psychological report. G. Work on a continuous basis as needed with background investigators in order to facilitate the use of the psychological report. H. Remain available on an as -needed basis to answer any questions or clarify the results of any applicants' report. I. Defend and/or represent the City if any claims or allegations about the validity of the test battery are made. Consultant shall charge a fee of $150.00 an hour for court testimony. } t -2- 6. Tendencies to be very passive or aggressive in critical situations 7. High anxiety levels or inability to cope with the stress of police work 8. Very poor socialization skills/inability to interact with the public 9. Racial or ethnic prejudice C. Identify those characteristics in individuals which would qualify them as good candidates. These would include: 1. Good judgment during crisis situations 2. Capacity to handle responsibility 3. Good general academic potential 4. Flexibility and good socialization skills 5. Good self-concept 6. Ability to manage stress D. Conduct a clinical interview with each applicant to identify evidence of the following: 1. Psychiatric history 2. Drug or alcohol usage 3. Employment history/problems 4. Prior arrest or legal problems 5. family history problems 6. Any other potential problems 7. Confirm written test findings E. Submit to the Miami Police Department and the Department of Personnel Management an evaluation report on each applicant which includes, at a minimum, the following: 1. The applicant's demographic information. 2. The names of tests administered. 3. Evidence of behavior problems. 4. Evidence' of problems such as drug or alcohol use, psychiatric disorders, employment or job related difficulties, motor vehicle accidents/violations and prior arrests. 5. A summary statement which addresses the applicant's potential for police training and suitability as a future police officer, including a rating of acceptable, marginal or unsuitable for each applicant. The turnaround time from testing to receipt of the report by the departments shall not exceed more than 10 days. F. Provide the Miami Police Department Backgrounds Unit with supplemental written materials (complete glossary of all terms relevant to the screening process and evaluation reports), and training to facilitate the use of the psychological report. G. Work on a continuous basis as needed with background investigators in order to facilitate the use of the psychological report. H. Remain available on an as -needed basis to answer any questions or clarify the results of any applicants' report. I. Defend and/or represent the City if any claims or allegations about the validity of the test battery are made. Consultant shall charge a fee of $150.00 an hour for court testimony. -2- J. Consultant shall carry the maximum professional liability coverage for the handling of all claims involving negligence and/or statutory, constitutional and/or civil rights violations on the part of the Consultant. The City of Miami shall be named as an additional insured on the Consultant's liability policy. K. Other tasks/practices and conditions relating to applicant screening shall include: 1. Retesting and re-evaluations of applicants as requested by the Miami Police Department. 2. Appearance and testimony in a court of law regarding the results of evaluations performed under the terms of this AGREEMENT. 3. Research and investigation to assure that all tests and procedures used in the screening process are, as far as possible, reliable, valid, and cross- cultural. 4. Meeting with representatives of the Department of Personnel Management and the Miami Police Department concerning the results of evaluations, the evaluation process in general, and administrative and contractual matters. 5. The use of test norms and actuarial data based on police populations. 6. The use of test scales which measure the degree of response validity. 7. Maintain for a period of five years all raw test results and clinical notes with respect to each applicant evaluated. After the five year period the aforementioned documents shall be hand delivered to the Department of Personnel Management. B. Submittal of a quarterly report to the Department of Personnel Management which summarizes the prior three months test results. This data must be prepared and organized in a manner conducive to later research by the Department of Personnel Management which will use performance in the police academy and performance on the job and other criterion measures to attempt to confirm the validity of the psychological evaluation process. 9. The active pursuit of a positive Affirmative Action and Minority Business Development program. Also, upon request by the CITY, the CONSULTANT shall submit evidence of progress towards, and compliance with, the objectives of said programs. ARTICLE II TERMS OF PAYMENT BY THE CITY OF MIAMI The CITY shall pay .the CONSULTANT the sum of $185.00 per police applicant evaluation. This payment shall be inclusive of all expenses and shall constitute total payment for all the services and products identified in ARTICLE I of this contract, including the retesting and re-evaluation of applicants, as requested by the Miami Police Department. The only additional i -3- 57,...235 i i compensation the CONSULTANT shall be entitled to is payment for appearance and testimony in a court of law at the rate of $150 per hour. Total payments to the CONSULTANT for the 12-month term of this AGREEMENT and for the 12-month term of the extension to this AGREEMENT, if exercised, shall not exceed $47,250 for each 12- month period. Invoices for services rendered shall be submitted to the Miami Police Department which shall make its best effort to pay the CONSULTANT within four to six weeks following receipt of said invoices. The evaluation of police applicants is to be provided on an "as -needed basis" as scheduled by the Miami Police Department with the approval of the Director or Assistant Director of the r Department of Personnel Management. ARTICLE III TERMS OF CONTRACT This Agreement shall be in effect for a period of 12 months from the date of execution, and terminate at 11:59 p.m. on the , day of , 1988. At the discretion of the - CITY and with the agreement of the CONSULTANT, this Agreement may be extended for an additional 12-month period. ARTICLE IV TERMINATION OF CONTRACT The City retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Articles II -and III hereof without penalty to the City. In such an event, notice of termination of this Agreement shall be in writing to the CONSULTANT who shall be paid for all services performed prior to the date of its receipt of the notice of termination. In no case, however, will the CITY pay the CONSULTANT an amount in excess of the total sum provided by this: i. AGREEMENT. 4" -4- 87-2315 It is hereby understood by and between the CITY and the CONSULTANT that any payment made in accordance with this Article to the CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If the CONSULTANT is in default under the terms of this Agreement, then the CITY shall in no way be obligated and shall not pay the CONSULTANT any sum whatsoever. ARTICLE V NONDISCRIMINATION z CONSULTANT shall not discriminate as to race, sex, color, creed national origin or handicap in connection with its performance under this Agreement. ARTICLE VI GENERAL CONDITIONS A) All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the 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, on the fifth day after being postmarked or the date of actual receipt, whichever is earlier. FOR CITY OF MIAMI Angela R. Bellamy, Director Department of Personnel Management 1145 N.W. llth Street,,Room 103 Miami, Florida 33136 Q FOR CONSULTANT Valle-Axelberd and Associates, Inc. 1901 Ponce De Leon Coral Gables, Florida 33134 • -s- 87--23$ B) In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. 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 provisions, 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, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform to such laws, or if not modifiable to conform to such laws, then same shall be deemed serverable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. ARTICLE VII AWARD OF AGREEMENT The 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, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. ARTICLE VIII NONDELEGABILITY The obligations undertaken by the CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless the CITY shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. WNW ARTICLE IX CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. ARTICLE X SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and , assigns. ARTICLE XI AUDIT RIGHTS The CITY reserves the right to audit the records of the CONSULTANT as they relate to the performance of CONSULTANT's services hereunder at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. ARTICLE XI INDEMNIFICATION CONSULTANT shall indemnify, defend, and save the CITY harmless from and against any and all claims, liabilities, losses, and cause of action, which may arise out of CONSULTANT's activities under this contract, including all other omissions to act on the part of the CONSULTANT or any of them, including any person acting for or on his or their behalf, and, from and against any orders, judgments or decrees which may be entered and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. ARTICLE XIII INSURANCE The CONSULTANT shall provide professional liability insurance with a combined single limit of at least $1,000,000.00 (one million dollars) for each associate and $1,000,000.00 (one million dollars) for the firm. A certificate of insurance shall be submitted to the City of Miami, Claims Management Division, prior to execution of this agreement. The CITY shall be named as an "Additional Insured" on such policy and a "Certificate of Insurance" shall be supplied as evidence of such coverage upon execution of this Agreement. • ARTICLE XIV CONFLICT OF INTEREST The CONSULTANT convenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, in this Agreement. The CONSULTANT further convenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of the CONSULTANT or its employees must be disclosed in writing to the CITY. The 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 that it will fully comply in all respects with the terms of said laws. ARTICLE XV OWNERSHIP OF DOCUMENTS All documents developed by CONSULTANT under this r Agreement shall be• delivered to CITY by said CONSULTANT upon i j 8 7-23 I`' completion of the services required pursuant to Articles I and 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 Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, ;writings, maps, contract documents, reports or any other matter whatsoever which is given by CITY to CONSULTANT 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 the CITY. ARTICLE XVI INDEPENDENT CONTRACTOR The CONSULTANT and its employees and agents shall be deemed to be independent contractors, and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further they sha)- not be deemed entitled to Florida Worker's Compensati::4n benefits employees of the CITY. 1.iw-6 ARTICLE XVII COMPLIANCE CONSULTANT acknowledges that it has been furnished a copy of the Ordinance No. 10062, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. -9- 8 7-235 ARTICLE XVIII 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, or authorization, reduction of funds, and/or change in regulations. ARTICLE XIX DEFAULT PROVISION In the event that CONSULTANT shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to CONSULTANT may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by CITY while CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to CITY. XX ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said grant and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. AKENDMENTS No amendments to this AGreement shall be binding on either party unless in writing and signed by both parties. -10- S'7-235 I �\ a IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials thereunto duly authorized, this the day and year first above written. Attest: Attest: City Clerk CONSULTANT Valle-Azelberd & Associates By: CITY OF MIAMI, a municipal Corporation of the State of Florida By: Cesar H. Odio City Manager APPROVED AS TO FORM AND CORRECTNESS: City Attorney APPROVED AS'TO INSURANCE REQUIREMENTS: -11- 8'7-235 — a � CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM TO; The Honorable Mayor and DATE: March 5, 1987 FILE: Members of the City Commission SUBJECT: Proposed Resolution and Contract for Psychological Evaluation Services to Assist in Selecting Police Officers FROM: Cesar H.. Odio REFERENCES: City Manager ENCLOSURES: RECOMMENDATION It is recommended that the City Commission adopt a Resolution authorizing the City Manager to execute a professional services agreement with Valle-Axelberd and Associates, Inc., to provide psychological screening procedures for Police Officer applicants at a cost not to exceed $47,250 with funds available in the Police Department budget, per the attached Resolution. BACKGROUND In December, 1986, I instituted a Police Task Force consisting of top members of my staff and of the Police Department staff to Jointly review present procedures within the Police Department and recommend changes directed at strengthening operations and Improving the efficiency of internal operating procedures. One of the main areas of concern was the need for clinical psycho- logical evaluation of Police Officer candidates. The Departments of Personnel Management and Police have been engaged in the process of analyzing the current Police Officer selection process. The analysis has resulted in several recom- mendations designed to incorporate comprehensive job -related selection practices and techniques which provide for more in- depth screening of candidates. Included in the recommendations is the incorporation of compre- hensive psychological screening within the Police Officer selec- tion process. This will undoubtedly increase the effectiveness of police hiring practices. The Department of Personnel Management has evaluated several local consultants in terms of their qualifications, past perform- ance, logistics, scope of services, etc. The Departments of Per- sonnel Management and Police have :oncluded that the firm of Valle-Axelberd and Associates, Inc., will provide the best over- all comprehensive psychological evaluation package for the City of Miami. 87-235. • The Honorable Members of March 5, 1987 Page 2 Mayor and the City Commission This firm presently conducts psychological testing for many other local jurisdictions, including Metro -Dade County, the City of Hialeah, the City of Coral Gables, Florida International Univer- sity - Public Safety Department, and the City of North Miami. The firm also has a proven track record with the Miami Police De- partment (over a period of approximately 10 years) providing a full scope of individual and group psychological services at the in-service level. The Police Task Force at its February 18, 1987, meeting reviewed the staff's recommendation of the firm and the supporting con- tract and has recommended immediate implementation in order to process pending Police Officer candidates through the psychologi- cal evaluation for the next class scheduled to begin on April 20, 1987. The recommended professional services agreement is for a period of one (1) year and a maximum amount of $47,250. These funds are available in the Police Department budget. The contractual cost per police applicant evaluation is $185. Each applicant will undergo five (5) screening devices designed to identify undesir- able as well as desirable job -related characteristics. The five (5) screening devices are listed under Article I of the proposed professional services agreeement. ARB:FR:vbd Attachments 9-� 87-23L..