9-Exhibit A - Performance Measures and Liquidated Damages (FINAL).pdf

EXHIBIT A | Performance Measures and Liquidated Damages | RLI 26004JD

EXHIBIT A - PERFORMANCE MEASURES AND LIQUIDATED DAMAGES

The parties recognize and agree that certain events may cause SHERIFF to suffer losses or damages that are by their nature uncertain and difficult to prove. Accordingly, the parties agree that certain breaches of the Agreement will cause the PROPOSER to pay liquidated, stated or stipulated damages without any proof of the actual damage resulting from the breach. In no event shall these liquidated, stated or stipulated damages be construed or deemed to constitute penalties.

Deficiencies in performance based on PROPOSER‘s failure to maintain the expected program level will result in liquidated damages. The parties agree liquidated damages will be calculated quarterly. The liquidated damages set forth below represent a reasonable pre-estimate of the additional costs, administrative burdens, delays, and potential risks that BSO is likely to incur as a result of non-performance, and are not intended as a penalty. Performance level adjustments will be based on the following table:

Performance

Standard Topic

Description of Standard Guarantee Liquidated Damage Amount (Cost

Recovery)

1. Timely Delivery of Deliverables

All required deliverables (job analysis documentation, written examinations, practical exercises, interview protocols, scoring rubrics, final rankings, validation reports, and after-action reports) must be delivered in accordance with the agreed project schedule and milestones.

Measurement and Assessment Period: Per occurrence, verified by audit.

100% on-time delivery

$500 per calendar day per late deliverable (capped at 10% of the total contract value for that assessment cycle)

Description of Standard Guarantee Liquidated Damage Amount (Cost

Recovery)

2. Quality and

Validity of

Assessments

All assessments (written exams, practical exercises, assessment centers, and interviews) must be job-related, psychometrically sound, and developed/validated in accordance with SIOP Principles, APA Standards, Uniform Guidelines, and Florida-specific requirements (Chapters 943 and 633, F.S.)

100% compliance

10% of the invoice value for the affected assessment cycle (to offset re-development and validation costs)

3. Assessor

Provision and

Training

Proposer must provide a sufficient number of qualified, trained assessors (minimum of three (3) per exercise/panel and appropriate assessor-to-candidate ratio) and conduct thorough assessor training to ensure scoring consistency.

10% of the invoice value for the affected assessment cycle for no-show or unqualified assessor per exercise (to recover costs of re-administration)

4. Scoring

Accuracy and

Consistency

All scoring must be accurate, consistent, and auditable, with final candidate rankings free of material errors.

Statistical validation and quality control measures must be applied.

accuracy

(with no material discrepancies identified in audit)

$2,500 per candidate whose score/ranking requires correction (to cover re-scoring and administrative

Description of Standard Guarantee Liquidated Damage Amount (Cost

Recovery)

5. Confidentiality and Data Security

Strict confidentiality must be maintained for all candidate data, assessment materials, and proprietary information. Chain-of-custody and secure handling procedures must be followed at all times.

with no breaches

$10,000 per verified breach or unauthorized disclosure (to offset investigation, remediation, and potential legal costs)

6. Candidate Support and Challenge Resolution

Timely and professional response to candidate inquiries and thorough, documented review of all challenges to exam items or scoring.

Response within 3 business days;

resolution within 10 business days

$500 per untimely or inadequately resolved challenge (to offset additional staff time and processing

Description of Standard Guarantee Liquidated Damage Amount (Cost

Recovery)

7. After-Action Reporting and

Continuous Improvement

Comprehensive after-action reports must be delivered within 10 business days after each assessment cycle, including findings, recommendations, and risk mitigation strategies.

100% on-time and complete

$500 per late or incomplete report per day (to recover costs of follow-up and delay in process improvement)

As indicated in the aforementioned table, compliance with the performance standards 1 through 7 will be measured and determined based on per-occurrence verification during ongoing performance review to be conducted, at the Broward

County Sheriff’s Office.

Any liquidated damages assessed will become due and payable within 30 days after the PROPOSER receives written notification of same by either: 1) Broward County Sheriff’s Office elects to take a credit on the next PROPOSER’S monthly invoice; or 2) Broward County Sheriff’s Office accepts such payments that become due may be made directly to the

Broward County Sheriff’s Office by the PROPOSER.