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Agreement w/ David Santisteban, PH.D. MONTH -TO -MONTH EXTENSION OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND DAVID SANTISTEBAN, PH.D. TO DEVELOP, VALIDATE, ADMINISTER, SCORE, REPORT AND REVIEW TESTING PROGRAMS TO DETERMINE QUALIFIED APPLICANTS FOR POLICE AND FIRE ENTRY - LEVEL AND CLASSIFIED PROMOTIONS (AGREEMENT) This Month -to -Month Extension to Amendment No. 1 (see Exhibit "A ") to Professional Services Agreement Between the City of Miami Beach and David Santisteban Ph.D. to Develop, Validate, Administer, Score, Report and Review Testing Programs To Determine Qualified Applicants For Police A d Fire Entry-Level And Classified Promotions (Extension), is made and entered into this ��day of December, 2011, by and between the City of Miami Beach, Florida (City) and David Santisteban, Ph.D. ( Santisteban). WHEREAS, the City's current agreement with David Santisteban Ph.D., to develop, validate,,administer, score, report and review testing programs to determine qualified applicants for police and fire entry -level and classified promotions expired on December 6, 2011, with no further options for renewal; and WHEREAS, there is a need to develop, validate, administer, and score the Fire Captain and Fire Lieutenant promotional examinations, which are required to be conducted every three (3) years pursuant to the Collective Bargaining Agreement (CBA) with IAFF Local 1510; and WHEREAS, the CBA further requires the City to begin the Fire promotional process no later than nine (9) months prior to the expiration of the promotional lists, and the current promotional lists expire on October 21, 2012 (requiring the City to commence the promotional process by January 21, 2012); and WHEREAS, the written exams have been scheduled for March 6, 2012, followed by the Behavioral Assessment Phase on May 22 and 23, 2012; and WHEREAS, due to the short test development and validation window, as well as the complexity and voluminous nature of the reading materials to be reviewed by the test developer, the Administration deems it in the best interest of the City to allow Santisteban to undertake the 2012 Fire promotional examinations based on his knowledge of the City's Fire promotional procedures and his familiarity with the reading materials; and WHEREAS, Pursuant to Resolution 2011 -27798 and the accompanying Commission Memorandum, the Mayor and City Commission of the City of Miami Beach, Florida authorized and approved a month -to -month extension of the Professional Services Agreement with Santisteban; said extension commencing on December 30, 2011, and expiring no later than June 30, 2012, or until such time as a new Agreement is executed pursuant to Request for Proposals (RFP) No. 34- 10/11, whichever is earlier. NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants hereafter set forth, the Parties agree as follows: Page 1 of 3 1. The term of this Extension shall be month -to- month, commencing on December 30, 2011, and expiring no later than June 30, 2012, or until such time as a new Agreement is executed pursuant to request for proposals (RFP) NO. 34- 10/11, whichever is earlier. 2. During the extension, the City and Santisteban shall be subject to the same terms and conditions as set forth in Amendment No. 1. During the extension, Santisteban shall also comply with any and all additional terms and conditions set forth herein. 3. Santisteban shall continue to be compensated for Services, pursuant to Amendment No. 1, except for the following reduced rates: Classifications Job Analysis Promotional Promotional Total Cost Written Test Behavioral Assessment Fire Lieutenant $850 $7,850 $18,800 $27,500 Fire Captain $850 $7,850 $18,800' $27,500 4. Either party may terminate this Extension by giving to the other party not less than thirty (30) days prior written notice. 5. Any notice to be given hereunder shall be in writing to the address listed below, or to such other address as a party may specify by notice: City: City of Miami Beach Department of Human Resources Ramiro J. Inguanzo, Director 1700 Convention Center Drive Miami, FL 33139 Santisteban: David Santisteban, Ph.D. 1825 Ponce de Leon Boulevard # 182 Coral Gables, FL 33134 [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] ' Includes administration of the BAP to the first 60 candidates. The cost per additional candidate over 60 is $150. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have caused this Extension to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA Matti H rera ower, Miyor Date: 13u 12- A ST: Robert Par her, City Clerk Date: Y13 a FOR . 0 NS TANT: DAVID SANTISTEBAN, PH.D. avid ti teban, Ph. C. Date: / A ROVED AS AO FORM & LANGUAGE & R EXEC 10 1 ftofm Date: l z , 2- I t FAHUMXU11\REGVRFPITESTING SERVICESWonth•to -Month Extension do x Page 3 of 3 EXHIBIT AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND DAVID SANTISTEBAN, Ph.D. TO DEVELOP, VALIDATE, ADMINISTER, SCORE, REPORT AND REVIEW TESTING PROGRAMS TO DETERMINE QUALIFIED APPLICANTS FOR POLICE AND FIRE ENTRY LEVEL AND CLASSIFIED PROMOTIONS (AGREEMENT). This Amendment No. 1 to the above subject Agreement is made and entered into this Zs / day of Tht,1a !u , 2010, by and between the CITY OF MIAMI BEACH, FLORIDA (City), and DAVID SANTI TEBAN, Ph.D. (Consultant). Pursuant to Resolution No. 2005 -26063 and the accompanying Commission Memorandum, it was the intent of the City to enter into an agreement with the Consultant for a period of two (2) years, with two (2) additional two (2) year renewal options, for a total period not to exceed six (6) years. However, when the final agreement was executed, the provisions allowed for one (1) two (2) year agreement period, with only one (1) year renewal option, for a total period not to exceed four (4) years. It has. been determined that this was an error, and the parties hereby agree to amend the Agreement as follows: 1. Section 4.3 "Duration and Extent of Agreement" is amended to read as follows: The term of this contract is for two (2) years, commencing upon execution of this I Agreement by the parties hereto, and termination on December 6, 2007. This Agreement my be renewed for two (2) additional two (2) year terms (for a total period not to exceed six (6) years) at the City's sole and absolute discretion, upon notice to Consultant, and upon the same terms and conditions. 2. The City and the Contractor agree that all other provisions of the Agreement shall remain unchanged and in full force and effect. This Amendment supersedes and governs any prior negotiations, correspondence, or conversations applicable to the matters contained herein, and there are no commitments, agreements, or understandings concerning the subject matter of this Amendment that are not contained in this document. I [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] i I I i 4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: B " B Y• Y• Robert Parcher tti Herre a B wer City Clerk Mayor FOR CONSULTANT: ATTEST: David Santisteban, Ph.D. By: BY: 1 nature Si 4 h J-,VZL,7i ature XEir� �', � �A✓ STw Print Name/Title Print Name/Title APPROVED AS TO FORM & LANGUAGE 4k FOR EXECUTION 0, tZ �Q City m Date t