93-20867 Reso RESOLUTION NO. 93-20867
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, WAIVING THE COMPETITIVE
BIDDING PROCESS, AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND DR. DAVID
SANTISTEBAN FOR JOB ANALYSIS AND TEST
DEVELOPMENT/VALIDATION FOR THE FIREFIGHTER II, FIRE
LIEUTENANT, FIRE CAPTAIN, AND OTHER CLASSIFICATIONS.
Whereas, the performance of a thorough job analysis and test validation
will help to insure the administration of fair job-related selection procedures
and to protect the City against litigation under Federal law, especially Title
VII of the Civil Rights Act and the EEOC Federal Uniform Guidelines on Employee
Selection Procedures; and
Whereas, the International Association of Firefighters bargaining unit
contract requires that "If there are vacancies to be filled, then the Personnel
Department shall give the appropriate tests within nomore than six (6) months
after the City Manager approval" ; and
Whereas, the City, through a competitive bidding process, entered into
contracts with Dr. David Santisteban as low bidder on June 01, 1990, for
development for the Sergeant of Police classification, and on October 10, 1990,
for the Lieutenant of Police classification and is therefore familiar with the
City of Miami Beach procedures; and
Whereas, the City Commission wishes to expedite the administration of these
examinations and deems it to be in the best interest of the City to waive the
competitive bidding process and award the attached contract to Dr. David
Santisteban; and
Whereas, funding for this contract is available from the Fire Department
and the Personnel Department Professional Services budgets.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the City Commission hereby waives the
competitive bidding process and authorizes the Mayor and City Clerk to execute
the attached Professional Services Agreement between the City and the Consultant,
Dr. David Santisteban, in consideration for the lump sum of $69,000, including
all out-of-pocket and other expenses incurred by the Consultant. The City
Commission also authorizes that the option in said contract for the performance
of the Sensitivity Training services in consideration for the additional lump sum
of $1,500, including all out-of-pocket and other expenses incurred by the
Consultant, may be exercised.
PASSED AND ADOPTED this 28th day of Jul , 1993.
Attest: •
City Clerk °Seymour° Gelber, 'Mayor
Approved as to brm:
Legal Department
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Date
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
-4 .COMMISSION MEMORANDUM NO. - 3
TO: Mayor Seymour Gelber and DATE: July 28, 1993
Members of the City Commission
FROM: . Roger M. Ca t
City Manager
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH DR. DAVID SANTISTEBAN
FOR JOB ANALYSIS AND TEST DEVELOPMENT/VALIDATION FOR THE
FIREFIGHTER II, FIRE LIEUTENANT, FIRE CAPTAIN, AND OTHER
CLASSIFICATIONS
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ADMINISTRATION RECOMMENDATION:
It is recommended that the Mayor and the City Commission waive the
competitive bid process, in accordance with City Code 31A-10,
Paragraph (e) , and authorize the Mayor and City Clerk to execute the
attached Contract with Dr. David Santisteban for Job Analysis and
Test Development/Validation for the Firefighter II, Fire Lieutenant,
and Fire Captain classifications and for development of a Job
Analysis and Test Development/Validation methodology to be utilized
by the City.
CONTRACT AMOUNT AND FUNDING:
Fixed fee of $69,000.00.
Funds are available from the Fire Department's and Personnel
Department's Professional Services budgets.
BACKGROUND:
The City of Miami Beach entered into two Professional Service
Agreements with Dr. David Santisteban for customized test
development. The Agreement for the classification of Sergeant of
Police (RFLI 128-89/90 - $7,850) was entered on June 1, 1990, and the
Agreement for Lieutenant of Police (RFLI 12-90/91 - $7,850) was
entered on October 10, 1990. The City entered into an additional
Professional Service Agreement with Dr. Santisteban for job analysis
and test development and validation for the Sergeant and Lieutenant
of Police classifications (file reference 8-92/93, $55,800) on
October 12, 1992.
On April 21, 1993, the City Commission approved (Resolution No. 93-
20776) certain new provisions concerning promotional examinations to
be added to the bargaining Agreement by and between the City of Miami
Beach and the International Association of Firefighters (IAFF) .
These new provisions include the following item:
"If there are vacancies to be filled, then the Personnel
Department shall give the appropriate tests within no more
than six (6) months after City Manager approval. "
On July 28, 1992, the City of Miami Beach entered into a Consent
Decree with the United States Department of Justice, in part, because
the Department of Justice alleged that practices used by the City did
not meet criteria set forth in Title VII of the Civil Rights Act and
the Uniform Guidelines on Employee Selection Procedures.
• AGENDA
ITEM
DATE 7 g-9
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ANALYSIS:
In order to administer fair, job-related selection procedures (tests)
and to comply with Federal law and the International Association of
Firefighters Agreement, it is necessary , to develop Validated
examination processes. The scope of the previous Agreements with Dr.
David Santisteban would be enlarged to include thorough Job Analyses;
development of written and oral, in-basket, or other tests based upon
the results of the Job Analyses and current laws, practices, and
reading sources; and Validation of these examination processes; and
development of a job analysis/test validation methodology for other
classifications. These steps are essential for meeting the criteria
set forth in Title VII of the Civil Rights Act, the Federal Uniform
Guidelines on Employee Selection Procedures, and the terms of the
IAFF Agreement.
In requesting a waiver of the competitive bid process, the following
facts were considered:
The City risks being in violation of the IAFF contract (see Section
1 on the previous page) , so time is of the essence.
Dr. David Santisteban is familiar with the Firefighter II, Fire
Lieutenant, and Fire Captain classifications and has performed job
analyses and developed and validated tests for these classifications
in the past.
Dr. David Santisteban was low bidder in the past for test
development:
RFLI 128-89/90, Police Sergeant
Dr. David Santisteban $7,850
Burroughs, Wooten & Assoc. $7, 640 + $5,000 of use of
Job Analysis software +
$40/each for more than 20
challenges + $250/hr for
court testimony + travel
Intl. Assn. of Chiefs of Police $11,000 . + $350/day for
expert testimony + travel
Cooperative Personnel Services $13.,918 ,+ $67/hr for
litigation support +
$26/hr for clerical
O'Leary, Brokaw & Associates, Inc. $20,574 with 2% discount
for prompt payment
RFLI 12-90/91, Police Lieutenant
Dr. David Santisteban $7,850 - sole bidder
The price quoted for this Agreement with Dr. David Santisteban for
job analysis, test development, and validation of the Firefighter II,
Fire Lieutenant, and Fire Captain classifications and for development
of a job analysis and test development/validation methodology for
other classifications ($69,00) includes all out-of-pocket and other
expenses.
The City may exercise the option of having the Consultant provide
sensitivity training for the supervisors of those promoted at an
additional lump sum cost of $1,500.
CONCLUSION:
In view of the fact that Dr. David Santisteban is familiar with the
subject classifications and has performed job analyses and developed
and validated tests for the City and for these classifications in the
past, and that he was the low bidder for the last two Requests for
Letters of Interest, authorization is requested for the Mayor and
City Clerk to execute this Agreement for professional services.
TCA:GPL:sg
Attachment 21 8
commemolfllerei
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH (CITY)
AND DR. DAVID SANTISTEBAN (CONSULTANT)
FOR JOB ANALYSIS AND TEST DEVELOPMENT/VALIDATION FOR THE
FIREFIGHTER II, FIRE LIEUTENANT,
FIRE CAPTAIN AND OTHER CLASSIFICATIONS
THIS AGREEMENT made this 28th day of July , 1993
by and between the CITY OF MIAMI BEACH, a Florida municipal
corporation, hereinafter called the "City", which term shall
include its officials, successors, legal representatives, and
assigns, and DR. DAVID SANTISTEBAN, an individual, hereinafter
called the "Consultant".
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SECTION 1
DEFINITIONS
Agreement: This written Agreement between the City and
the Consultant.
City Manager: "City Manager" means the Chief Administrative
officer of the City.
Consultant: For the purposes of this Agreement, Consultant
shall be deemed to be an independent
contractor, and not an agent or employee of
the City.
Final Acceptance: "Final Acceptance" means notice from the City
to the Consultant that the Consultant's
Services are complete as provided in Section
4.8 of this Agreement.
Fixed Fee: Fixed amount paid to the Consultant to allow
for his costs and margin of profit.
Project
Coordinator: An individual designated by the City Manager
to coordinate, direct and review on behalf of
the City all technical matters involved in the
Scope of Work.
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Risk Manager: The Risk Manager of the City, with offices at
1700 Convention Center Drive, Third Floor,
Miami Beach, Florida 33139.
Services: All services, work and actions by the
Consultant performed pursuant to or undertaken
under this Agreement described in Section 2.
Termination: Termination of Consultant Services as provided
in Section 4.9 of this Agreement.
Task: A discrete portion of the Scope of Services to
be accomplished by the Consultant, as
described in Section 2 herein, if directed and
authorized.
SECTION 2
SCOPE OF WORK AND SERVICES REQUIRED
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The Scope of Work for this project to be performed by the
Consultant is set forth in Exhibit A, "Scope of Services" .
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SECTION 3
COMPENSATION
3.1 LUMP SUM FIXED FEE
Consultant shall be compensated for the Services
performed herein on a lump sum fixed fee basis of Sixty-nine
Thousand Dollars (69, 000.00) for Firefighter II, Fire Lieutenant,
and Fire Captain classifications and for the development of a Job
Analysis and Test Development/Validation Methodology. The City may
exercise the option to prepare and conduct sensitivity training for
an additional One Thousand Five Hundred Dollars ($1,500) .
3.2 METHOD OF PAYMENT
3.2.1 Monthly Payment
Payment shall be made to the Consultant monthly pursuant
to invoices submitted by the Consultant which detail percentage of
completion of each task. •Invoices shall be accompanied by a
narrative progress report which supports the invoices, and shall
contain a statement that the items set forth therein are true and
correct and in accordance with the Agreement. Payments of such
invoices shall be made within 30 days of receipt by City.
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SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the
Consultant shall exercise that degree of skill, care, efficiency
and diligence normally exercised by recognized professionals with
respect to the performance of comparable Services. In its
performance of the Services, the Consultant shall comply with all
applicable laws and ordinances, including but not limited to
applicable regulations of the City, County, State, Federal
Government, ADA, EEO Regulations and Guidelines.
4.2 PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under
Section 287.133 (3) (a) Florida Statute on Public Entity Crimes,
Exhibit "C".
4.3 PROJECT MANAGEMENT
The Consultant shall appoint a qualified individual
acceptable to the City to serve as Project Manager for the Services
who shall be fully responsible for the day-to-day activities under
this Agreement and who shall serve as the primary contact for the
City's Project Coordinator.
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4.4 TIME OF COMPLETION
The Services to be rendered by the Consultant shall be
commenced upon receipt of a written Notice to Proceed from the City
subsequent to the execution of this Agreement, and Consultant shall
adhere to the completion schedule attached hereto as Exhibit "B".
A. reasonable extension of time shall be granted in the
event the work of the Consultant is delayed or prevented by the
City or by any circumstances beyond the reasonable control of the
Consultant, including weather conditions or acts of God which
render performance of the Consultant's duties impracticable.
Such extensions of time shall not be a basis for any
claim by the Consultant for additional compensation, unless an
extension is based on a delay caused solely by the City and is in
excess of sixty (60) days.
4.5 NOTICE TO PROCEED
Unless directed by the City otherwise, the Consultant
shall proceed with the work only upon issuance of a Notice to
Proceed by the City.
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4. 6 OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents, including but not limited to test and test
scoring data or programs stored electronically, prepared by the
Consultant pursuant to this Agreement, are related exclusively to
the Services described herein. They are intended or represented to
be suitable for reuse by the City.
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4.7 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless, the
City of Miami Beach and its officers, employees and agents, from
and against any and all actions, claims, liabilities, losses, and
expenses, including, but not limited to, attorneys' fees, for
personal, economic or bodily injury, wrongful death, loss of or
damage to property, in law or in equity, which may arise or be
alleged to have arisen from the negligent acts or omission or other
wrongful conduct of the consultant, employees, or agents in
connection with the consultant's performance of service pursuant to
this Agreement; and to that extent, the Consultant shall pay all
such claims and losses and shall pay all such costs and judgements
which may issue from any lawsuit arising from such claims and
losses, and shall pay all costs and attorneys fees expended by the
City in the defense of such claims and losses, including appeals.
The parties agree that one percent (1%) of the total Compensation
to the Consultant for performance of this Agreement is the specific
consideration from the City to the Consultant for the Consultant's
Indemnity Agreement.
The Consultant's obligation under this article1shall not
include the obligation to indemnify the City of Miami Beach and its
officers, employees and agents, from and against any actions or
claims which arise or are alleged to have arisen from negligent
acts or omissions or other wrongful conduct of the City and its
officers, employees and agents. The parties each agree to give the
other party prompt notice of any claim coming to its knowledge that
in any way directly or indirectly affects the other party.
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4.8 INSURANCE REQUIREMENTS
The Consultant shall not commence any work pursuant to
this Agreement until all insurance required under this Section has
been obtained and such insurance has been approved by the City's
Risk Manager. The Consultant shall maintain and carry in full
force during the term of this Agreement and throughout the duration
of this project the following insurance:
1. Consultant Professional Liability in the amount of
$1, 000, 000.00. For a claims made policy, the Consultant agrees
to carry four (4) years tail coverage after work is completed,
or maintain a comparable policy for four (4) years, provided
that such comparable policy shall include coverage for prior
acts effective from the date of execution of this Agreement.
A certified copy of the Consultant's (and any subconsultants' )
Insurance Policy must be filed and approved by the Risk
Manager prior to commencement.
2. Workers Compensation & Employers Liability as required per
Florida statutes.
3 . Thirty (30) days written notice of cancellation or substantial
modification in the insurance coverages must be given to the
City by the Consultant and his insurance company.
4. The insurance must be furnished by insurance companies
authorized to do business in the State of Florida and approved
by the City's Risk Manager.
5. Original certificates of insurance for the above coverages
must be submitted to the City's Risk Manager for approval
prior to any work commencing. These certificates will be kept
on file in the office of the Risk Manager, 3rd Floor, City
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Hall.
6. The Consultant is responsible for obtaining and submitting all
insurance certificates for their consultants.
All insurance policies must be issued by companies authorized to do
business under the laws of the State of Florida. The companies must
be rated no less than "B+" as to management and not less than
"Class VI" as to strength by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent, subject to the approval of the City's Risk Manager.
Compliance with the foregoing requirements shall not relieve the
Consultant of the liabilities and obligations under this Section or
under any other portion of this Agreement, and the City shall have
the right to obtain from the Consultant specimen copies of the
insurance policies in the event that submitted certificates of
insurance are inadequate to ascertain compliance with required
coverages.
4.8.1 Endorsements
All of Consultant's certificates, above, shall contain
endorsements providing that written notice shall be given to the
City at least thirty (30) days prior to termination, cancellation
or reduction in coverage in the policy.
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4.8.2 Certificates
Unless directed by the City otherwise, the Consultant
shall not commence any services pursuant to this Agreement until
the City has received and approved, in writing, certificates of
insurance showing that the requirements of this Section (in its
entirety) have been met and provided for.
4.9 FINAL ACCEPTANCE
When the Consultant's Services have been completed, the
Consultant shall so advise the City in writing. Final Acceptance
shall not constitute a waiver or abandonment of any rights to
remedies available to the City under any other Section of this
Agreement.
4.10 TERMINATION, SUSPENSION AND SANCTIONS
4.10.1 Termination for Default
If through any cause within the reasonable control of the
Consultant, the Consultant shall fail to fulfill in a timely
manner, or otherwise violate any of the covenants, agreeents, or
stipulations material to this Agreement, the City shall thereupon
have the right to terminate the Services then remaining to be
performed by giving written notice to the Consultant of such
termination which shall become effective upon receipt by the
Consultant of the written termination notice.
In that event, all finished and unfinished documents,
data, studies, surveys, drawings, maps, models, photographs,
reports and other work products prepared by the Consultant and its
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subcontractors shall be properly delivered to the City and the City
shall compensate the Consultant in accordance with Section 3 for
all Services performed by the Consultant prior to Termination.
Notwithstanding the above, the Consultant shall not be
relieved of liability to the City for damages sustained by the City
by virtue of any breach of the Agreement by the Consultant and the
City may reasonably withhold payments to the Consultant for the
purposes of set off until such time as the exact amount of damages
due the City from the Consultant is determined.
4. 10.2 Termination for Convenience of City
The City may, for its convenience, terminate the Services
then remaining to be performed at any time by giving written notice
to Consultant of such termination, which shall become effective
seven (7) days following receipt by Consultant of the written
termination notice. In that event, all finished or unfinished
documents and other materials as described in Section 2 shall be
properly delivered to the City. If the Agreement is terminated by
the City as provided in this Section, the City shall compensate the
Consultant in accordance with Section 2 for all Services actually
performed by the Consultant and reasonable direct costs of
Consultant for assembling and delivering to City all documents.
Such payments shall be the total extent of the City's liability to
the Consultant upon a Termination as provided for in this Section.
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4.10.3 Termination for Insolvency
The City also reserves the right to terminate the
remaining Services to be performed in the event the Consultant is
placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right
and obligations for the parties shall be the same as provided for
in Section 4.10.2.
4.10.4 Sanctions for Noncompliance with Nondiscrimination
Provisions
In the event of the Consultant's noncompliance with the
nondiscrimination provisions of this Agreement, the City shall
impose such Agreement Sanctions as the City or the State of Florida
may determine to be appropriate, including but not limited to
withholding of payments to the Consultant under the Agreement until
the Consultant complies and/or cancellation, termination or
suspension of the Services, in whole or in part. In the event the
City cancels or terminates the Services pursuant to this Section
the rights and obligations of the parties shall be the same as
provided in Section 4. 10.2. 4
4.10.5 Changes and Additions
Each such change shall be directed by a written Notice
signed by the duly authorized representatives of the Consultant.
Said Notices shall provide an equitable adjustment in the time of
performance, a reallocation of the task budget and, if applicable,
any provision of this Agreement which is affected by said Notice.
The City shall not reimburse the Consultant for the cost of
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preparing Agreement change documents, written Notices to Proceed,
or other documentation in this regard.
4.11 ASSIGNMENT, TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer
any work under this Agreement without the written consent of the
City. When applicable and upon receipt of such consent in writing,
the Consultant shall cause the names of the consulting firms
responsible for the major portions of each separate specialty of
the work to be inserted into the pertinent documents or data. The
Consultant shall include in such subcontracts the appropriate
versions of the Sections of this Agreement as are necessary to
carry out the intent of this Agreement, as instructed by the City.
4.12 EOUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the
Consultant shall not discriminate against any employee or applicant
for employment because of race, color, religion, ancestry, sex,
age, national origin, place of birth, marital status, or physical
handicap. The Consultant shall take affirmative action4to ensure
that applicants are employed and that employees are treated during
their employment without regard to their race, color, religion,
ancestry, sex, age, national origin, place of birth, marital
status, disability, or sexual orientation. Such action shall
include, but not be limited to the following: employment,
upgrading, demotion, or termination; recruitment or recruitment
advertising; layoff or termination; rates of pay, or other forms of
compensation; and selection for training, including apprenticeship.
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4.13 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the
Metropolitan Dade County Conflict of Interest Ordinance (No. 72-
82) , as amended; and by the City of Miami Beach Charter and Code,
which are incorporated by reference herein as if fully set forth
herein, in connection with the contract conditions hereunder.
The Consultant covenants that it presently has no
interest and shall not acquire any interest, direct or indirectly
which should conflict in any manner or degree with the performance
of the Services. The Consultant further covenants that in the
performance of this Agreement, no person having any such interest
shall knowingly be employed by the Consultant. No member of or
delegate to the Congress of the United States shall be admitted to
any share or part of this Agreement or to any benefits arising
therefrom.
4.14 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as
well as all information, design specifications, processes, data and
findings, shall be made available to the City for public use.
No reports, other documents, articles or devices produced
in whole or in part under this Agreement shall be the subject of
any application for copyright or patent by or on behalf of the
Consultant or its employees or subcontractors.
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4.15 NOTICES
All communications relating to the day-to-day activities
shall be exchanged between the Project Manager appointed by
Consultant and the Project Coordinator designated by the City. The
Consultant's Project Manager and the City's Project Coordinator
shall be designated promptly upon commencement of the Services.
All other notices and communications in writing required
or permitted hereunder may be delivered personally to the
representatives of the Consultant and the City listed below or may
be mailed by registered mail, postage prepaid (or airmailed if
addressed to an address outside of the city of dispatch) .
Until changed by notice in writing, all such notices and
communications shall be addressed as follows:
TO CONSULTANT: David Santisteban, Ph.D.
The Alahambra West
95 Merrick Way- Suite 523
Coral Gables, Florida 33134
(305) 445-2471
TO CITY: City Manager
City of Miami Beach
City Hall, 4th Floor
1700 Convention Center Drive
Miami Beach, FL j3139
(305) 673-7010
WITH COPIES TO:
Office of the City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
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Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an
address in the city of dispatch, on the day following the
date mailed; and if mailed to an address outside the city
of dispatch on the seventh day following the date mailed.
4.16 LITIGATION JURISDICTION
Any litigation between the parties, arising of, or in
connection with this Agreement, shall ,be initiated either in the
court system of the State of Florida or the United States District
Court for the Southern District of Florida.
4.17 ENTIRETY OF AGREEMENT
This writing and the Scope of Services embody the entire
Agreement and understanding between the parties hereto, and there
are no other agreements and understandings, oral or written with
reference to the subject matter hereof that are not merged herein
and superseded hereby. The Scope of Services are hereby
incorporated by reference into this Agreement to the extent that
the terms and conditions contained in the Scope of Services are
consistent with the Agreement. To the extent that any term in the
Scope of Services is inconsistent with this Agreement, this
Agreement including the Scope of Services shall prevail.
No alteration, change, or modification of the terms of
this Agreement shall be valid unless amended in writing, signed by
both parties hereto, and approved by the City Commission of the
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City of Miami Beach.
This Agreement, regardless of where executed, shall be
governed by and construed according to the laws of the State of
Florida.
4.18 LIMITATION OF' CITY'8 LIABILITY
The City desires to enter into this Agreement only if in
so doing the City can place a limit on the City's liability for any
cause of action for money damages due to an alleged breach by the
City of this Agreement, so that its liability for any such breach
never exceeds the sum of Sixty-Nine Thousand Dollars and no/100
($69, 000.00) . Consultant hereby expresses its willingness to enter
into this Agreement with Consultant's recovery from the City for
any damage action for breach of contract to be limited to a maximum
amount of $69, 000.00 less the amount of all funds actually paid by
the City to Consultant pursuant to this agreement.
Accordingly, and notwithstanding any other term or
condition of this Agreement, Consultant hereby agrees that the City
shall not be liable to the Consultant for damages in an amount in
excess of $69, 000. 00 which amount shall be reduced by the amount
actually paid by the City to Consultant pursuant to this agreement,
for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the
City by this Agreement. Nothing contained in this paragraph or
elsewhere in this Agreement is in any way intended to be a waiver
of the limitation 'placed upon City's liability as set forth in
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Florida Statutes, Section 768.28.
4.19 ARBITRATION
Any controversy or claim for money damages arising out of
or relating to this Agreement, or the breach hereof, shall be
settled by arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association, and the
arbitration award shall be final and binding upon the parties
hereto and subject to no appeal, and shall deal with the question
of the costs of arbitration and all matters related thereto. In
that regard, the parties shall mutually select one arbitrator, but
to the extent the parties cannot agree upon the arbitrator, then
the American Arbitration Association shall appoint one. Judgement
upon the award rendered may be entered into any court having
jurisdiction, or application may be made to such court for an order
of enforcement. Any controversy or claim other than a controversy
or claim for money damages arising out of or relating to this
Agreement, or the breach hereof, including any controversy or claim
relating to the right to specific performance shall be settled by
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litigation and not arbitration.
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their appropriate officials, as of the
date first entered above.
FOR CITY: CIT OF MIAMI BE • CH
ATTEST: /
Ogr
By: L By
City Clerk S= .our Gel.er, Mayor
FOR CONSULTANT: "PVI' SANTISTEBAN, Ph.D.
WITNESS:
j/W/a_ By:
,/ d Sant teban
APPROVED IS TO FORM:
J../4
/44-447L( '"//
Legal Department 2
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Date
Personnel Department
GPL:cp
backup4l/fire.fir
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EXHIBIT A
SCOPE OF SERVICES
I. JOB ANALYSIS AND SELECTION DEVICE DEVELOPMENT - For each the
Firefighter II, Fire Lieutenant, and Fire Captain
classifications.
A. Task A - Job Analysis
1. Develop and conduct job analysis under conditions
which assure adequacy and accuracy of the research
and results
2 . Gather and analyze existing pertinent data
regarding the classification, including, but not
limited to: last job analysis, existing job
specifications, etc
3 . Identify, define, and analyze the tasks and work
behaviors, especially the important and/or critical
tasks and work behaviors required for successful
performance constituting most of the job, and their
relative importance, and if the behaviors results
in a work product, analyze the work products
4. Identify and document each Knowledge, Skill, and/
Ability (KSA) necessary as a prerequisite to
perform critical and/or important work behaviors,
including the identification of "essential job
functions" per ADA
5. Operationally define each KSA and the relationship
between each KSA and each work behavior as well as
the method used to determine this relationship _
4
6. Identify and define the important and/or critical
prerequisite KSAs or behaviors to be measured or
sampled by the selection devices
7. In conjunction with the City, establish the source
list of reading materials for each classification
8. Prepare complete detailed report documenting entire
process including, but not limited to, all
methodologies, rationales, procedures, and findings
of job analysis
1
B. Task B - Revise Job Specifications
1. Based upon the job analysis, revise the current job
specifications including the following sections:
Nature of Work; Illustrative Examples of Work
Performed; Knowledges, Skills, and Abilities;
Requirements; Special Requirements; Supervision
Received; and Supervision Exercised. Note
"essential job functions" per ADA
C. Task C - Construct Written Test
1. Ensure that no person(s) , other than those
designated by the City Manager, shall have access
to any information regarding the test, test items,
test development materials, test answers, or any
related materials
2. Ensure that the test items have not been used and
will not be used in whole nor in part by any other
past, present, or future client or any other agency
or individual without express written agreement
between the City and the Consultant
3 . Ensure that there is no substantial similarity
between any of the items developed for these
Firefighter II, Fire Lieutenant, and Fire Captain
examinations and the items on any other examination
prepared for the City without express written
agreement between the City and the Consultant
4. Give title of the test and all items to the City to
be used by the City in any manner without any
additional charge and prevent use by any other
agency or individual
5. Develop all items exclusively from the specified
sections of the source documents selbcted in
conjunction with the City
6. Maintain a consistent ratio between the relative
importance, the amount of material contained in
each source document, and the number of items
developed from the document
7. Construct the test with items in due proportion to
the predetermined proportional weights of the KSAs
to be measured
8. Construct the test of 150 multiple choi
choice items comprised of the stem, one
response, and three distractors
2
9. Develop test items for each KSA content area and
document that the items are an adequate and
representative sample of the KSA content area to be
measured, ensuring complete coverage of all major
elements of each KSA content area
10. Develop items which will discriminate among
applicants' levels of KSA competency
11. Avoid redundancy and confounding of measurement by
ensuring that each item measures one specific KSA
12. Review and edit items to insure freedom from
misspelling or grammatical, typographic, or other
errors and freedom from ethnic or gender bias - and
to insure all items are properly prepared in
accordance with accepted testing criteria, measure
the KSA to be tested, are directly related to
performance of the job, and are reasonable and
defensible
13 . Provide written source documentation linking each
item with the appropriate KSA, noting source of
attribution and the page and paragraph number or
the equivalent to page and paragraph number
14. Print and deliver sufficient copies of each Written
Test
15. Score the answer sheets
16. Return answer sheets to the City
17. Evaluate the test statistics and item analyses
provided by the City and perform and evaluate
adverse impact calculations and any additional
analyses as the firm deems appropriate
18. Develop a form to be used for applicant challenges
19. Review and respond in writing to each applicant
challenge, including justification of correct
response
20. Delete any items warranted based on evaluation of
test statistics, item analyses, and applicant
challenges
21. Determine appropriate cutting point (or passing
score)
3
22 . Prepare final scoring key and perform final scoring
23. Provide the City with a register of the final
results of each participant
C. Task D - For Fire Lieutenant and Fire Captain. Construct
Oral Tests or Other Appropriate Selection Devices as
Indicated by the Job Analyses
1. Develop, administer, analyze, interpret results,
and validate a structured oral or other appropriate
test selection device and process based upon the
job analysis
2 . Ensure that no person(s) , other than those
designated by the City Manager, shall have access
to any information regarding the selection device,
the selection device items, development materials,
desired responses/answers, or any related materials
3 . Ensure that the selection device items have not
been used and will not be used in whole nor in part
by any other past, present, or future client or any
other agency or individual without express written
agreement between the City and the Consultant
4. Construct the selection device with items in due
proportion to the proportional weights of the KSAs
or behaviors to be sampled or measured as
determined by the job analysis
5. Develop selection device items for each KSA or
behavioral content area and document that the items
are an adequate and representative sample of the
KSA or behavioral content area to be measured or
sampled, ensuring complete coverage of all major
elements of each KSA or behavioral content area
6. Develop items which will discriminate among
applicants' levels of competency and which would
differentiate among levels of job performance
7. Avoid redundancy and confounding of measurement
8. Review and edit items to insure freedom from
misspelling or grammatical, typographical, or other
errors and freedom of ethnic, gender, or other bias
- and document that all items are properly prepared
in accordance with accepted testing criteria;
measure or sample the KSA or behavior to be tested;
are directly related to performance of the job; and
are reasonable and defensible
4
9. Provide written documentation directly linking each
item with the appropriate KSA or job behavior
10. Develop desired responses to each item and/or
standards/criteria and a form by which each
response is to be evaluated, scored, analyzed, and
interpreted
11. Print and deliver sufficient copies of the
selection devices
12. If used, develop methods by which selection device
raters will be evaluated and selected
13 . If raters are used, develop and administer rater
training and facilitate and monitor administration
of selection device
14. Produce and evaluate descriptive selection device
statistics and analyses including adverse impact
statistics
15. Review and respond in writing to each applicant
challenge, including justification of correct
(desired) response
16. Determine appropriate cutting point (or passing
score)
17. Provide the City with a rank ordered register of
the selection device results of each participant
18. Prepare complete detailed report documenting entire
process including, but not limited to, all
methodologies, rationales, and procedures
D. Task E - Review Job Interview Selection Device
4
1. Review and recommend any improvements to a job
interview selection device and process (to be
prepared by the City) based upon the job analysis
in order to compliment the other selection
procedures providing for a valid selection process
- Review would include an evaluation of standards/
criteria by which applicants will be evaluated.
2 . Ensure that no person(s) , other than those
designated by the City's Personnel Director, shall
have access to any information regarding the
selection device, the selection device items,
development materials, desired responses/answers,
or any related materials
5
•
3. Review and edit items to insure freedom from
ethnic, gender, or other bias - document that all
items are properly prepared in accordance with
accepted selection device criteria, are related to
performance of the job, and are reasonable and
defensible
4. Review and evaluate the methods by which selection
device raters will be evaluated and selected
II. DEVELOP A LAWFUL JOB ANALYSIS AND TEST DEVELOPMENT/VALIDATION
METHODOLOGY TO BE USED BY THE CITY
A. Task A - Job Analysis and Test Development/Validation
1. Develop a methodology to be given to the City which
the City can utilize to conduct the tasks list
under Section I. above
2. Provide the City with the documentation for step by
step procedures which can easily be followed
3. Train City employees in the development and
utilization of this methodology and provide on-
going consultation and guidance as needed for
implementation and utilization
III. DOCUMENTATION, FOLLOW-UP, AND GENERAL SERVICES - For each the
Firefighter II, Fire Lieutenant, and Fire Captain
classifications.
Task A - Document, prepare comprehensive monthly progress
and final reports, and provide copies to the City
of all materials, methodologies, individuals
involved, and steps utilized to proville these
services as well as a copy of all data obtained
Task B - Document that the selection devices are valid and
reliable measurement instruments and that
acceptable and defensible statistical and other
methods are applied
Task C - Prepare documentation and testimony to appear in
court or before any regulatory authorities or
bodies and provide testimony as an expert witness
in conjunction with any challenges, appeals, suits,
or grievances which might arise from providing the
proposed services
6
Task D - General Services
1. Remain available on an as-needed basis to
answer any questions or clarify or interpret
the results of any individual's results
2. Provide supplemental written material and
training to City personnel to facilitate the
use of the selection device results and
reports
3. Defend and/or represent the City and testify
on the City's behalf if any claims or
allegations are made regarding the services
provided including, but not limited to, the
validity of the test battery or evaluation
methods or results
4. Maintain all raw test results and notes with
respect to each individual evaluated for the
time period set forth in Florida records
retention or other applicable laws or as
specified by the City, whichever is greater
5. Research and investigate to insure that all
tests , procedures , results , and
interpretations are valid, reliable, cross-
cultural, and legally defensible for the
purposes used
6. Submit a report summarizing evaluation and
test results, including an analysis by
ethnicity/race, gender, and age showing
adverse impact, if any, of entire testing
process and giving recommendations for future
reduction of any adverse impact
Task E - Document that the entire selection process is valid
and meets all required criteria
Task F - Provide written recommendation of method for
referral of individuals from Eligible List to
Appointing Authority for interview. Recommendation
would include number of individuals to be referred,
flexible or set number, banding of scores, etc.
Task G - The City may exercise the option of having the
consultant prepare and conduct sensitivity training
for those individuals involved in supervising,
training, and evaluating those employees promoted,
in order to facilitate success and retention,
including minorities and females
7
•
•
EXHIBIT B
COMPLETION SCHEDULE
A. Reading list will be finalized by August 23, 1993, given
the City's cooperation in the data collection process
B. Written and other tests will be available for
administration November 29, 1993, for Fire Captain and
November 30, 1993, for Fire Lieutenant
C. Preliminary test scoring will be completed within one
week of test administration
D. Responses to challenges will be completed within two
weeks of submission of challenges by City
E. Delivery of final register of participants' scores within
one week after resolution of challenges
Personnel Department
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4
•
' SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO
ADMINISTER OATHS.
1. This sworn statement is submittedc to City of Miami Beach
by �tl I J J a N r i 3. r L4 14 ILi
(print individual's name and title)
for
(print name of entity submitting/sworn statement)
whose business address is ? J V y1-LAR Lc..K LV fiAL ( S v (rE. S Z3
Co�.A.k. 6a-fyL zs P t 33 i 3 Y
and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN,_.lnclude the Social Security Number of the individual signing this sworn
• statement: I '3 to—3 le—J' ,f-L .)
2. I understand.that as "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes.
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or of the United States, including, but not limited to, any bid or contract for goods or services
to be provided to any public entity or an agency or political subdivision of any other state or of the
United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or
material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes.
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of
guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of
guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officer, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when not for fair market value under an arm's
length agreement, shall be a prima facie case that one person controls another person. A person who
knowingly enters into a joint venture with a person who has been convicted of a public entity crime
in Florida during the preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes,means any natural
person or entity organized under the laws of any state or of the United States with the legal power
to enter into a binding contract and which bids br applies to bid on contracts for the provision of
goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity, the term "person" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked is true in relation to the entity
submit ing this sworn statement. (indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity have been charged with and convicted
of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted
of a public entity crime subsequent to July 1, 1989.
•
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted
of a public entity crime subsequent to July 1, 1989. However, there has been• a subsequent
proceeding before a Hearing Officer of the State of Florida, Division of Administrative
Hearings and the Final Order entered by the Hearing Officer determined that it was not in the
public interest to place the entity submitting this sworn statement on the convicted vendor
list. (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN
PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO
ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECLION 287.017, FLORIDA STATUTES FOR
CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
•
(5 gnature)1
i f9 A
• STATE 0 'c r \ tdate) /
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
� ,4L17?3TB,4,.t_" , who, after irst being sw n,by me, affixed his/her signature
in the space provided above on this 1�} day of c, 19 'L(. .
•
—4.1 (AL L_1!_fe.
NOTARY PUBLICI
My Commission Expires:
NCTA .Y F F C I"n
11Y CO ,!4IS; �_•i EYF. PAY t.M5
BCNDED i:::J rcEN:iRA iNS. i!•
4
FORM PUR 7068 (Rev. 06/05/91)