99-23315 RESO
RESOLUTION NO. 99-23315
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND DR. DAVID SANTISTEBAN, FOR WRITTEN TEST DEVELOPMENT
AND VALIDATION FOR THE SERGEANT AND LIEUTENANT OF POLICE
CLASSIFICATIONS; SAID AMENDMENT EXTENDING THE AGREEMENT TO
INCLUDE UPDATING THE JOB ANALYSES AND REVISIONillEVELOPMENT
AND VALIDATION OF WRITTEN TESTS FOR AN ADDITIONAL GROUP OF
SERGEANT AND LIEUTENANT OF POLICE APPLICANTS, IN AN AMOUNT
NOT TO EXCEED $32,800
WHEREAS, the City entered into the following respective Professional Service Agreements
with Dr. David Santisteban (Consultant): as the low bidder and top ranked proposer in response to RFP
No. 128-89/90, for development of a written test for Sergeant of Police; as the sole bidder under RFP
No. 12-90/91 , for development of a written test for Lieutenant of Police; and as sole bidder under RFP
33-93/94, for job analysis and written test and oral board test development and validation for entry-level
Police Officer and Firefighter; and
WHEREAS, the Consultant is considered to be an expert and has extensive experience in
developing and validating written tests for uniformed positions, including Police; and
WHEREAS, the Consultant successfully developed and validated written tests for four groups
of Sergeant and Lieutenant applicants and for two groups of Firefighter 11, Fire Lieutenant, and Fire
Captain applicants; and
WHEREAS, the Mayor and City Commission approved the First Amendment to the Sergeant
and Lieutenant Agreements, to include revising/developing and validating a written test for an
additional group of Sergeant and Lieutenant applicants; and
WHEREAS, the Consultant performed Police Officer test development, validation, and
administration which were in accordance with the Consent Decree, developed in conjunction with the
Department of Justice, and approved by the court; this will also help to insure the administration of
lawful, fair, job-related selection procedures and to protect the City against further litigation; and
WHEREAS, under the terms ofthe Fraternal Order of Police (FOP) Bargaining Agreement,
a promotional examination will be given every two (2) years for each the Sergeant and the Lieutenant
Classifications; and such examination shall be a two-part examination, with the first part to be a
validated, written test, and the City needs to expedite this process; and
WHEREAS, the Consultant is able to administer both written tests on November 19, 1999; and
WHEREAS, the City has been pleased with the results of the previous tests and with the
applicants hired and promoted as a result; and
WHEREAS, the Consultant has continued to work with the City to develop the most cost
effective quality tests possible; the cost of the Sergeant and Lieutenant services were $55,800 for the
1992 process, reduced by 37% (down to $35,000) for the 1997 process, and reduced by 41 % (down
to $32,800) for the 1999 process.
NOW, THEREFORE, BE IT DUL Y RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein authorize the Mayor and the City Clerk to execute a Second Amendment to the
Professional Service Agreement between the City of Miami Beach and Dr. David Santisteban, for
Written test Development and Validation for the Sergeant and Lieutenant of Police Classifications; said
Amendment extending the Agreement to include updating the job analyses and revision/development
and validation of written tests for an additional group of Sergeant and Lieutenant of Police applicants,
in an amount not to exceed $32,800.
PASSED AND ADOPTED this22ndday of September ,1999.
ATTEST:
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CITY CLERK
MAYOR
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM NO. ~~
TO:
Mayor Neisen Kasdin and
Members of the City Commission
DATE: September 22, 1999
SUBJECT:
A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND DR. DAVID SANTISTEBAN, FOR WRITTEN TEST
DEVELOPMENT AND V ALIDA TION FOR THE SERGEANT AND
LIEUTENANT OF POLICE CLASSIFICATIONS, SAID AMENDMENT
EXTENDING THE AGREEMENT TO INCLUDE UPDATING THE JOB
ANAL YSES AND DEVELOPMENT AND VALIDATION OF WRITTEN
TESTS FOR AN ADDITIONAL GROUP OF SERGEANT AND
LIEUTENANT OF POLICE APPLICANTS, IN AN AMOUNT NOT TO
EXCEED $32,800
FROM:
Sergio Rodriguez
City Manager
I,;
A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND DR. DAVID SANTISTEBAN, FOR WRITTEN TEST
DEVELOPMENT AND VALIDATION FOR THE FIREFIGHTER II, FIRE
LIEUTENANT, AND FIRE CAPTAIN CLASSIFICATIONS, SAID
AMENDMENT EXTENDING THE AGREEMENT TO INCLUDE
UPDATING THE JOB ANALYSES AND DEVELOPMENT AND
VALIDATION OF WRITTEN TESTS FOR AN ADDITIONAL GROUP OF
FIREFIGHTER II, LIEUTENANT, AND CAPTAIN APPLICANTS, IN AN
AMOUNT NOT TO EXCEED $41,820
ADMINISTRATION RECOMMENDATION:
Adopt the Resolutions.
CONTRACT AMOUNT AND FUNDING:
For the Police promotionals, the cost will not exceed $32,800, available in the Police Department's
Professional Services budget.
For the Fire promotionals, the cost will not exceed $41,820, available in the Fire Department's
Professional Services budget.
AGENDAITEM~
DATE~
74
ANAL YSIS:
SERGEANT AND LIEUTENANT OF POLICE
Through competitive bidding procedures, the City previously entered into Agreements with Dr.
David Santisteban as low bidder or sole bidder. On June 1, 1990, the City contracted with Dr.
Santisteban solely to develop a written test for the Sergeant of Police classification and, on October
10, 1990, for the Lieutenant of Police classification. These two Agreements included the
development of written tests only and did not include job analysis or written test validation. On
October 12, 1992, the City entered into a subsequent Agreement with Dr. Santisteban again for the
Sergeant and Lieutenant' of Police classifications. This project was much wider in scope than the
first one. Under this Agreement, the Consultant conducted two thorough job analyses, developed
the two written tests based upon the results of the job analyses, and developed and validated two new
written tests for the Sergeant and Lieutenant of Police classifications. The City entered into an
Agreement with Dr. Santisteban on March 31, 1995, to develop and validate written tests for the
classifications of Sergeant and Lieutenant of Police.
There are also bargaining Agreement stipulations to consider. Article 16 of the current Agreement
Between City and the Fraternal Order of Police (FOP) states:
"Section 16.1 - 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 two (2) years, unless the FOP President and the City Manager mutually
agree to some other schedule.
Section 16.2 - Eligible applicants for the promotional examination for Sergeant and Lieutenant
shall be given a two-part examination, consisting of a validated, written test, which shall
comprise thirty-five percent (35%)ofthe final test score... "
FIREFIGHTER II, FIRE LIEUTENANT, AND FIRE CAPTAIN
Through competitive bidding procedures, the City previously entered into Agreements with Dr.
David Santisteban as low bidder on the Sergeant of Police contract and sole bidder on the Lieutenant
of Police and entry-level Police Officer and Firefighter I contracts. On July 28, 1993, the City
contracted with Dr. Santisteban to conduct job analyses and develop and validate Written Tests and
Oral Boards for the Firefighter II, Fire Lieutenant, and Fire Captain classifications and, on March
20, 1996, to revise/develop and validate Written Tests for another group of applicants for the same
classifications.
There are bargaining Agreement stipulations to consider. Article 6 of the current Agreement
between City and the International Association of Firefighters (IAFF) states:
"Section 6.13 A - Promotional examinations for the position of Fire Captain, Fire Lieutenant,
and Fire Fighter II (sic) will be given at least once every two (2) years ...
Section 6.13 E - The first written test given, following the ratification of this Agreement, for
Lieutenant and Captain will constitute fifty percent (50%) and the assessment components will
75
constitute fifty percent (50%) of the applicants combined score." The written test comprises
100% of the Firefighter II score.
In order to comply with the IAFF Agreement, it is necessary to expedite the examination
development processes. Per the IAFF Agreement, the processes must include written tests, and
Federal law requires that the tests be validated based upon City of Miami Beach job analysis.
COSTS
Dr. Santisteban began as low bidder on the Sergeant of Police contract and sole bidder on the
Lieutenant of Police and'entry-Ievel Police Officer and Firefighter I contracts for written tests, and
his costs for comparable projects have been reduced with each successive contract.
Each time thc City has contracted with Dr. Santistcban for complete Scrgeant and Lieutenant testing
processes Gob analysis, test development, and validation), the consultant has reduced the cost. The
1992 process cost $55,800 for the two classifications. There was a 37% reduction for the 1997
process, down to $35,000. The 1999 price has been reduced even further, to $32,800, a 41%
decrease from the 1992 cost.
The consultant has also reduced the cost for complete Fire promotional Written testing processes
Gob analysis, test development, and validation). The 1993 process cost $69,000 for the three
classifications. The 1999 price has been reduced to $41,820 a 4% decrease.
HIGHLIGHTS
In requesting an extension of the Professional Services Agreement with Dr. Santisteban, the
following facts were considered:
. use of this Consultant will be more cost effective than starting over with a new consultant to
conduct new job analyses and develop and validate new tests completely from scratch
. (for the same reasons) this extension will be more time efficient to administer the Sergeant and
Lieutenant of Police tests by November 19, 1999, and administer the Fire promotional tests
within the 90 days (after reading lists announced) in accordance with the IAFF Agreement
. the City must comply with the IAFF and FOP Agreements, and time is a factor
. the Consultant is a recognized expert in this field with extensive experience
. the Consultant is thoroughly familiar with these City of Miami Beach classifications, and he has
already conducted job analyses, and developed and validated customized written tests for these
classifications for the City and elsewhere
. the Consultant was previously low bidder or sole bidder
. this Consultant worked under the Consent Decree, in conjunction with the Department of
Justice, and with the approval of the court (including all job analysis, test development,
validation, and administration methodologies) - this will help to protect the City against future
litigation - there have been NO grievances or litigation with the City involving any work
performed by the Consultant
. the consultant has successfully defended his other testing projects in local Federal court (such
as for work done for Miami-Dade County)
76
Under this extension, the Consultant will update previous job analyses, revise previously developed
written tests based upon the job analyses, and upon current laws, practices, and new reading sources,
and will validate these new written tests to be administered to an additional group of promotional
applicants. 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
IAFF and FOP Agreements.
CONCLUSION:
I,;
It is recommended that the Mayor and City Commission authorize the attached amendment to the
Professional Services Agreement between the City and Dr. Santisteban.
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77
SECOND AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
DR. DAVID SANTISTEBAN,
FOR WRITTEN TEST DEVELOPMENT AND VALIDATION FOR SERGEANT AND
LIEUTENANT OF POLICE CLASSIFICATIONS
. uD
THIS SECOND AMENDMENT made this CX2 day of .SepTt-Yt1 t?~ 1999, 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 Dr. David Santisteban,
hereinafter called the "Consultant".
1. The City wishes to extend said Professional Services Agreement to include up-dating the Job
Analyses and Developing and Validating Written Tests for an additional group of Sergeant and
Lieutenant of Police applicants, in an amount not to exceed $32,800.
2. All other terms and conditions of the Agreement shall remain unchanged and in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this Extension to be executed by
their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH
ATTEST:
By: ~J-- r UVLcL",
CITY CLERK
By: ~
MAYO
FOR CONSULTANT:
DR. DAVID SANTISTEBAN
WITNESS:
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