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96-21916 RESO RESOLUTION NO. 96- 21 916 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND DR. DAVID SANTISTEBAN FOR DEVELOPMENT /VALIDATION OF NEW WRITTEN TESTS FOR THE FIREFIGHTER II, FIRE LIEUTENANT, AND FIRE CAPTAIN CLASSIFICATIONS. Whereas, the International Association of Firefighters bargaining unit contract requires that if there are vacancies to be filled, the City'S Human Resources Department shall give the appropriate tests within no more than six (6) months after the City Manager's approval; and Whereas, the performance of test validation will help to protect the City against litigation under Federal law, especially Title VII of the Civil Rights Act and the Federal Uniform Guidelines on Employee Selection Procedures; and Whereas, the City, through a competitive bidding process, entered into contracts with Dr. David Santisteban, as low bidder, on June 1, 1990, for written test development for the Sergeant of Police classification, and on October 10, 1990, for the Lieutenant of Police classification; and the City entered into contracts with Dr. Santisteban, on October 12, 1992, for job analysis and test development and validation for the Sergeant of Police and Lieutenant of Police classifications; on July 28, 1993, for job analysis and test development and validation for the Firefighter II, Fire Lieutenant, and Fire Captain classifications; on April 20, 1994, for job analysis and test development and validation for the Firefighter I and Police Officer/Trainee classifications; and, on March 31, 1995, for test development/validation for the Sergeant of Police and Lieutenant of Police classifications; and Whereas, Dr. Santisteban is therefore familiar with these classifications and with City of Miami Beach procedures; and Whereas, the Mayor and City Commission wish to expedite the administration of these examinations and therefore deem it to be in the best interest of the City to amend the Professional Services Agreement between the City and Dr. Santisteban; and Whereas, the cost for the additional services will be charged to the Fire Department Professional Services Account. Page Two NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Mayor and City Clerk to execute the attached First Amendment to the Professional Services Agreement between the City and Dr. David Santisteban for development/validation of new written tests for the Firefighter II/Fire Lieutenant, and Fire Captain classifications, in consideration for the lump sum of $23/850.00/ including all out-of-pocket and other expenses incurred by the Consultant. PASSED AND ADOPTED this 20th day of March , 1996. f:humarovmjconunis.res/firepr96.san Attest: l<o~~ P~c4. City Clerk AJG:mar Fu'")R~,1 API~:::-lrr:~;l ~.v ~ . U'l. ..' "U By l)ftJ~ [j"te :5 ....1/ - ;? , CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: March 20, 1996 FROM: Jose Garcia-Pedrosa J! City Manager . AMENDING THE ROFESSIONAL SERVICES AGREEMENT WITH DR. DAVID SANTISTEBAN FOR DEVELOPMENTNALlDATION OF NEW WRITTEN TESTS FOR THE FIREFIGHTER II, FIRE LIEUTENANT, AND FIRE CAPTAIN CLASSIFICATIONS SUBJECT: ADMINISTRATION RECOMMENDATION: It is recommended that the Mayor and the City Commission authorize an amendment to the Professional Services Agreement with Dr. David Santisteban for development and validation of -new written tests for the Firefighter II, Fire Lieutenant, and the Fire Captain classifications. CONTRACT AMOUNT AND FUNDING: Not to exceed $23,850.00. The cost of the services will be charged to the Fire Department's Professional Services Account NO.011-1210-00312. BACKGROUND: Through competitive bidding procedures, the City of Miami Beach has previously entered into Agreements with Dr. David Santisteban as low bidder. On June 1,1990, the City contracted with Dr. Santisteban (Consultant) for the Sergeant of Police classification and, on October 10, 1990, for the Lieutenant of Police classification. These two contracts included the development of written tests only and did not include job analysis or test validation. On October 12, 1992, the City entered into a subsequent Agreement with Dr. Santisteban (Consultant) again for the Sergeant and Lieutenant of Police classifications. This project was much wider in scope than the first one. The project was started from scratch and conducted in accordance with the criteria established under Title VII of the Civil Rights Act and the EEO guidelines. Under this Agreement, the Consultant conducted thorough job analyses, developed the two written tests based upon the results of the job analyses, and validated the tests for the Sergeant and Lieutenant of Police classifications. A fourth contract was entered into with Dr. Santisteban on July 28, 1993, for the classifications of Firefighter II, Fire Lieutenant, and Fire Captain. This project also included the essential factors of job analyses and test validation as well as the development of written and oral tests. The fifth contract the City entered into with Dr. Santisteban was on April 20, 1994, for the classifications of Police OfficerlTrainee and Firefighter I. This project includes job analyses and test development AGENDA ITEM C- 1 (1_ DATE ,^~-~QJ1~ March 20, 1996 Page Two BACKGROUND (Continued): and validation for both classifications and is still in progress. The last contract the City entered with Dr. Santisteban was on March 31, 1995, for the classifications of Sergeant of Police and Lieutenant of Police and included written test development and validation. The tasks have been completed and final documentation is being prepared. The current Agreement by and between the City of Miami Beach and the International Association of Firefighters (IAFF) contains the following language: "If there are vacancies to be filled, then the Personnel Department shall give the appropriate tests within no more than six (6) months after the City Manager's 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. ANALYSIS: In order to comply with Federal law and the International Association o(Firefighters' Agreement, it is necessary to develop validated examination processes which include new written tests. The scope of the original Agreements with Dr. David Santisteban would be enlarged to include revision of the previously developed written tests based upon the current job analyses, laws, practices, and reading sources; and validation of these new tests. Each of these steps is 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 International Association of Firefighters' Agreement. In requesting an amendment to the Professional Services Agreement with Dr. Santisteban, the following facts were considered: The City must comply with the IAFF Agreement (see Background above), so time is a factor. Dr. David Santisteban is thoroughly familiar with the Firefighter II, Fire Lieutenant, and the Fire Captain classifications in the City of Miami Beach, and he has conducted job analyses, and developed and validated tests for these classifications. March 20, 1996 Page Three ANALYSIS (Continued): Dr. David Santisteban was low bidder or sole bidder in the past for test development: RFLI 128-89/90. Police Seraeant Dr. David Santisteban $7,850 Burrroughs, Wooten & Assoc. $7,640 + $5,000 for use of Job Analysis software + $40/each for more than 20 challenges + $250/hr for court testimony + travel IntI. Assn of Chiefs of Police $11,000 + $350/day for expert testimony + travel Cooperative Personnel Services $13,918 + $67/hr for litigation support and $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 RFLI 33/93/94. Firefighter I and Police Officer Dr. David Santisteban $93,500 - sole bidder The price quoted for this Agreement with Dr. David Santisteban for written test development and validation of the Firefighter II, Fire Lieutenant, and Fire Captain classifications ($23,850) includes all out-of-pocket and other expenses. CONCLUSION: Dr. David Santisteban has extensive experience in test development and validation for promotional Fire classifications. Further, Dr. Santisteban performed these services for the City of Miami Beach for the previous Fire promotional examinations. Dr. Santisteban was the low bidder or the sole bidder for the last three Requests For Proposals. Therefore, it is recommended that the Mayor and the City Commission authorize an amendment to the Professional Services Agreement between the City;rd Dr. Santisteban. JGP:D'\t~:TCA:AJG:mar F:HUMAlSALUCOMMEMOIFIRECL96.SAN FILE REFERENCE NO.58-95/96 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH (CITY) AND DR. DAVID SANTISTEBAN (CONSULTANT) FOR TEST DEVELOPMENT/VALIDATION FOR THE FIREFIGHTER II, FIRE LIEUTENANT, AND FIRE CAPTAIN CLASSIFICATIONS THIS FIRST AMENDMENT, made this 20th day of March 1996 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". SCOPE OF WORK AND SERVICES REOUIRED The Scope of Work covered by this First Amendment, to be performed by the Consultant includes, but is not limited to, updating the job analyses and developing/updating and validating written tests for each classification. The Scope of Work is set forth in Exhibit A, "Scope of Services", in the original Agreement, with the following exceptions: I. JOB ANALYSIS AND SELECTION DEVICE DEVELOPMENT - For each the Firefighter II, Fire Lieutenant, and Fire Captain classifications A. Task A Job Analvsis under this section, the Consultant shall perform or update those steps advisable to develop and validate a new, fair, job related, and professionally sound written test for each classification B. Task B - Revise Job Specifications - the Consultant shall perform this task again for each classification i ~ ~J~~I ~ h~ \T"'- ~~ ~~ ~ T~ A\ C. Task C - Construct Written Test - the Consultant shall perform this task again for each classification 2 D. Task D - For Fire Lieutenant and Fire Captain, Construct Oral Tests or Other Appropriate Selection Devices as Indicated bv the Job Analvses - this section shall be omitted from the extension E. Task E - Review Job Interview Selection Device - the Consultant shall perform this task again II. DEVELOP A LAWFUL JOB ANALYSIS AND TEST DEVELOPMENT/VALIDATION METHODOLOGY TO BE USED BY THE CITY - The section shall be omitted from the extension, except as updates are advised III. DOCUMENTATION, FOLLOW-UP, AND GENERAL SERVICES The Consultant shall perform these tasks again 3 COMPLETION SCHEDULE The Completion Schedule set forth below shall replace that set forth in Exhibit B of the original Agreement: A. Written tests will be available for administration 90 days after the reading list is announced B. Preliminary test scoring will be completed within one week of test administration C. Responses to challenges will be completed within two weeks of submission of challenges by City D. Delivery of final register of participants' scores within one week after resolution of challenges LUMP SUM FIXED FEE The Consultant shall be compensated for the services performed herein on a lump sum fixed fee basis of Twenty-three Thousand Eight Hundred Fifty Dollars ($23,850.00). 4 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH Ro~r (. p~~ ATTEST: By: City Clerk, Robert E. Parcher FOR CONSULTANT: DAVID SANTISTEBAN, Ph.D. WITNESS: ~>:lt-e'{/l ~...------ . By: Dr . r.," r r~ r'. ~"', ~ t ,.,' t ~ .'. . ~ ~ ~ ~.,~ ... LEGAL flttL 8y ;UIJ ~ ' _ L< ;:J -2_... I (--qt. . Human Resources Department AJG:mar F:$ALUHUMAROVM/CONTRACTS/FIREPR96.SAN 5