9-Exhibit A - Performance Measures and Liquidated Damages (FINAL).pdf
PDF 164 KB Posted
- Solicitation number
- 26004JD
- Issued by
- Broward County, Fort Lauderdale City, Florida
About this file
This is a Performance Measures and Liquidated Damages exhibit for a promotional testing and assessment services contract between the Broward Sheriff's Office (BSO) and a selected proposer under RLI 26004JD. The contract encompasses design, development, administration, and validation of promotional testing and candidate assessments for multiple leadership positions across various departments including Law Enforcement, Regional Communications, Detention, Fire Rescue & Emergency Services, Fire Prevention, and Administration. The contract term is five years with five one-year renewal options. The exhibit establishes seven performance standards with specific guarantees and corresponding liquidated damages amounts to be assessed quarterly based on per-occurrence verification during ongoing performance reviews.
The performance measures include: timely delivery of all required deliverables with damages of $500 per calendar day per late deliverable (capped at 10% of total contract value per assessment cycle); quality and validity of assessments in compliance with SIOP Principles, APA Standards, Uniform Guidelines, and Florida requirements with damages of 10% of invoice value for non-compliance; provision of qualified, trained assessors with minimum three per exercise and appropriate candidate ratios, with damages of 10% of invoice value per exercise for non-compliance; scoring accuracy and consistency with damages of $2,500 per candidate requiring score correction; confidentiality and data security compliance with damages of $10,000 per verified breach; candidate support and challenge resolution within three business days and ten business days respectively, with damages of $500 per untimely or inadequately resolved challenge; and comprehensive after-action reports delivered within ten business days after each assessment cycle, with damages of $500 per late or incomplete report per day. All assessed liquidated damages become due and payable within 30 days via credit against the proposer's monthly invoice or direct payment to BSO.
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Other files
| File | Type | Posted |
|---|---|---|
| 2-REFERENCE FORM 10.09.24.pdf | ||
| 5-GENERAL TERMS AND COND. (RLI) 12.9.24.docx | DOCX document | |
| 12-RLI 26004JD Questionnaire-FINAL.xlsx | XLSX spreadsheet | |
| 6-SUBMITTAL SECTION LITIGATION 1.5.1.xlsx | XLSX spreadsheet | |
| 4-SAMPLE AGREEMENT AND.OR SOLICITATION EXCEPTION FORM 10.30.24.xlsx | XLSX spreadsheet | |
| 10-EXH 1 - RLI 26004JD - PROMOTIONAL TESTING AND ASSESSMENT SERVICES FOR BSO (FINAL).pdf | ||
| 3-ACKNOWLEDGEMENT FORM 10.23.24.docx | DOCX document | |
| 8-Company Background and Staff Qualifications.pdf | ||
| 7-Sample-Agreement-RLI 26004JD.pdf | ||
| 11-RLI 26004JD Pricing Sheet - FINAL.xlsx | XLSX spreadsheet | |
| 1-BSO Documents.pdf |
Show all 11
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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.
File details come from the government source that posted it. Updated .