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RESOLUTION 92-20605 RESOLUTION NO. 92-20605 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING THE COMPETITIVE BIDDING PROCESS, AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO A PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND DR. DAVID SANTISTEBAN FOR TEST DEVELOPMENT/VALIDATION FOR THE SERGEANT OF POLICE AND THE LIEUTENANT OF POLICE CLASSIFICATIONS. Whereas, the Fraternal Order of Police bargaining unit contract requires that "The City Personnel Director shall cause to be developed tests which closely measure the knowledge, skills and abilities of a Miami Beach Police Sergeant and a Miami Beach Police Lieutenant" ; and Whereas, the Fraternal Order of Police bargaining unit contract further requires that "Eligible applicants for the promotional examination for Sergeant and Lieutenant shall be given both a written and an oral examination" ; and Whereas, the performance of a thorough job analysis and 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 on June 01, 1990, for the Sergeant of Police classification, and on October 10, 1990, for the Lieutenant of Police classification and is therefore familiar with these classifications and 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 Police Department Professional Services budget. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission hereby authorizes the Mayor and the City Clerk to enter into the attached Professional Service Agreement between the City and the Consultant, Dr. David Santisteban, in consideration for the lump sum of $55,800.00, including all out-of-pocket and other expenses incurred by the Consultant. The City Commission authorizes the City Manager to exercise 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. PASSED AND ADOPTED this 8th day of Octo.e , 99' . Attest: City Clerk Seym'. r Ge ser, Mayor Approved as to Form: Crl" Legal Department /a/ /fZ Date GH:cp CITY OF MIAMI BEACH (1:;1 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 5.3q--q2_ TO: Mayor Seymour Gelber and DATE: October 8 , 1992 Members of the City Commission FROM: Roger M. Carlton - z City Manager SUBJECT: FILE REFERENCE NO. 8-92/93 - PROFESSIONAL SERVICES AGREEMENT WITH DR. DAVID SANTISTEBAN FOR TEST DEVELOPMENT FOR THE SERGEANT AND LIEUTENANT OF POLICE CLASSIFICATIONS ADMINISTRATION RECOMMENDATION: It is recommended that the City Commission waive the competitive bid process, in accordance with City Code 31A-10 , Paragraph (e) , and authorize the Mayor to execute the attached Contract with Dr. David Santisteban for Job Analysis, Test Development and Validation for the Sergeant and Lieutenant of Police classifications. CONTRACT AMOUNT AND FUNDING: Not to exceed $55 , 800 . 00 . Funds ' are available from the Police Department ' s Professional Services budget, Account Number 011 . 1110 . 000312 . 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 terms of these Agreements, as set forth by the City in 1990, stated that the City would provide the job descriptions and would specify the knowledges, skills, and abilities to be tested and the proportionate weight of each as the basis for developing the written tests ; that is, the City would tell the Consultant the subject areas and the relative proportions of those areas which would be included on the written tests. The resultant written tests became the property of the City of Miami Beach. On December 5, 1990, the City Commission approved (Resolution No. 90- 20187) certain new provisions concerning promotional examinations to be added to the current Agreement by and between the City of Miami Beach and the Fraternal Order of Police. These new provisions include the following items: "Section 1 - Advancement to the ranks of Sergeant and Lieutenant shall be by examinations that measure the knowledge, skills and ability of personnel and by seniority. A promotional test will be given every eighteen ( 18) months S beginning October 24 , 1990 for Sergeant and November 1, 1990 for Lieutenant (first test for Lieutenant will be January 5 , 1991) . AGENDAC _ C FUND ' - APPROVED ITEM 2- DATE Men !ement an• :udget FILE REFERENCE NO. 8-92/93 October 8, 1992 Page Two BACKGROUND (Continued) : Section 2 - Eligible applicants for the promotional examination for Sergeant and Lieutenant shall be given both a written and oral examination with the written examination being weighted at 75% and the oral examination weighted at 25% . " 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 Fraternal Order of Police Agreement, it is necessary to develop Validated examination processes which include both written and oral tests. The scope of the original Agreements with Dr,. David Santisteban would be enlarged to include thorough Job Analyses; revision of the previously developed written and oral tests based upon the results of the Job Analyses and current laws, practices, and reading sources ; and Validation of these examination processes. 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 Fraternal Order of Police Agreement. In requesting a waiver of the competitive bid process, the following facts were considered: The City is already in violation of the FOP contract (see Section 1 on the previous page) , so time is of the essence. Dr. David Santisteban is thoroughly familiar with the Sergeant and Lieutenant of Police classifications and has developed 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 -t $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 9 P r , FILE REFERENCE NO. 8-92/93 October 8, 1992 Page Three ANALYSIS (Continued) : The price quoted for this Agreement with Dr. David Santisteban for test development of the Sergeant and Lieutenant of Police Classifications ($55 , 800) 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 thoroughly familiar with the subject classifications and has written tests for them in the past, and that he was the low bidder for the last two Agreements, authorization is requested for the Mayor to execute this Agreement for professional services . RMC: EC:,' f ( r Att c'ment • 10 PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH (CITY) AND DR. DAVID SANTISTEBAN (CONSULTANT) FOR TEST DEVELOPMENT/VALIDATION FOR THE SERGEANT OF POLICE AND THE LIEUTENANT OF POLICE CLASSIFICATIONS THIS AGREEMENT made this VO'L day of OCAL-4<i--c-A9-- 1992 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" . WITNESSETH That the CITY and the CONSULTANT, for the consideration herein set forth, agree as follows: -1- 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. 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. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. -2- 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 The Scope of Work for this project to be performed by the Consultant is set forth in Exhibit A, "Scope of Services" . 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 Fifty-five Thousand Eight Hundred Dollars ($55, 800. 00) for both the Sergeant of Police and Lieutenant of Police classifications. The City may exercise the option to prepare and conduct sensitivity training for -3- r I 1 both the Sergeant and Lieutenant of Police 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. 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 applicable regulations of the City, County, State, Federal Government, EEO Regulations and Guidelines. -4- 1 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. 4.4 TIME OF COMPLETION The professional 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", "Completion Schedule" . 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. -5- 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. 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. 4.7 INDEMNIFICATION AND INSURANCE 4.7 .1 Indemnification The Consultant shall indemnify and save the City and its officers, agents and employees harmless from any and all claims, liability, losses and causes of actions to the extent they arise out of any willful or negligent act, error or omission of the Consultant, its subconsultants, agents or employees arising out of the performance of the Consultant's professional Services under this Agreement or arising out of or due to Consultant's breach of this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments 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 -6- s to the Consultant for performance of this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. 4.7.2 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' ) Certificates of Insurance must be filed and approved by the Risk Manager prior to commencement. 2 . Workers Compensation & Employers Liability as required per Florida statutes. 3 . Thirty (3 0) 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 -7- • 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 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. 4.7.3 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. -8- • 4.7 .4 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. 4.8 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. 4.9 TERMINATION, SUSPENSION AND SANCTIONS 4.9.1 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, agreements, 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 -9- . 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. 4.9.2 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 3 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 3 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. 4.9.3 Termination for Insolvency The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is -10- • t 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 .9.2 . 4.9.4 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. 9.2 . 4.9.5 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 preparing Agreement change documents, written Notices to Proceed, or other documentation in this regard. -11- 4.10 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. 11 EQUAL 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 action to 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, or physical handicap. 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. -12- • 4.12 CONFLICT OF INTEREST 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. 13 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. 4.14 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. -13- 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 33139 (305) 673-7010 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. -14- • 4.15 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 : 16 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 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. -15- . • 4.17 LIMITATION OF CITY'S 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 Ten Thousand Dollars and no/100 ($10, 0000. 00) . Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10, 000. 00. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of $10, 000. 00 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 Florida Statutes, Section 768. 28. 4.18 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 -16- 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 eviction or ejectment shall be settled by litigation and not arbitration. 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: CITY OF ,MIAMI BE:CH ATTEST: 1/ By: ©., B : / � Y City Clerk / Se ou - lber, Mayor FOR CONSULTANT: DAVID ANTISTEBAN, Ph.D. WITNESS: I 40p ,L)ri ird,4- • ignar ) GH:cp FORM APPROVED -17- LE L DEPT. BY 77 Date /o / �� EXHIBIT A SCOPE OF SERVICES I. JOB ANALYSIS AND SELECTION DEVICE DEVELOPMENT - For each the Sergeant of Police and the Lieutenant of Police 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 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 6. Identify and define the important and/or critical prerequisite KSAs or behaviors to be measured or sampled by the selection devices 7 . 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. 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 this Sergeant of Police and Lieutenant of Police 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 selected by the City 6. Maintain a consistent ratio between 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 125 multiple choice, four choice items comprised of the stem, one correct response, and three distractors 2 i a 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 up to 230 copies of the Sergeant of Police Written Test and up to 60 copies of the Lieutenant of Police 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 - Construct Oral Test 1. Develop, administer, analyze, interpret results, and validate a structured oral 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 without express written agreement between the City and the Consultant 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 oral test 12 . Develop methods by which selection device raters will be evaluated and selected 13 . 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 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 oral test providing for a valid selection process - Review would include an evaluation of desired responses and 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 A I • 4 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. DOCUMENTATION, FOLLOW-UP, AND GENERAL SERVICES - For each the Sergeant of Police and the Lieutenant of Police 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 provide 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 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 6 t 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 - For both the Sergeant of Police and Lieutenant of Police classifications, 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 • r f III. COST BREAKDOWN - For each Sergeant of Police and Lieutenant of Police classifications Activity for each Sergeant Lieutenant Total A. Job Analysis $12,200 $11,800 $24,000 B. Revise Job Specifications included included included C. Written Test $ 6,950 $ 6,950 $13,900 D. Oral Test $ 8,950 $ 8,950 $17,900 E. Review Job Interview included included included Total: $28,100 $27,700 $55,800 Optional Sensitivity Training for both: $ 1,500 Total: $57,300 8 • r EXHIBIT B COMPLETION SCHEDULE A. Reading list will be finalized at the end of the fourth week of the project given the City's cooperation in the data collection process B. Written and Oral tests will be available for administration 120 days after the reading list is announced 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 1 t 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 submitted to City of Miami Beach by Pt..iv t AN) T ! 3 T--18 A &) (print individual's name and title) for (print name of entity submitting sworn statement) whose business address is 7 --,s (\k-L-A.Mc-K U.J l _S V l I L S Z Cc't' L 1._s 3 13 and (if applicable) its Federal Employer Identification Number (FEIN) is "� (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: I 3 C7-3 �-- ?STS .) 2. I understand that aa "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 or 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. 4 4 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 SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. U-lft //I CS'gnature)I /7- • STATE OF- 1C C' l` .tdate) COUNTY OF \ - PERSONALLY APPEARED BEFORE ME, the undersigned authority, U / urns rZi34�-'� who, after irst being g sw by me, affixed his/her signature in the space provided above on this day of , 19 . . NOTARY PUBLIC My Commission Expires: r;c r,.Y r JPL1C STAT:.. OF i'►.CP.. OA MY COMIESION EXP. Myr 4- H1S BONDED T GENERAL MD. FORM PUR 7068 (Rev. 06/05/91) Uit.U I NAL RESOLUTION NO. 92-20605 1111111111111,1111111 Waiving the competitive bidding process, and authorizing the Mayor and the City Clerk to enter into a professional service agreement between the City of Miami Beach and Dr. David Santisteban for test development/validation for the sergeant of police and the lieutenant of police classifications.