99-23358 RESO
RESOLUTION NO. 99-23358
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 FIREFIGHTER II, FIRE LIEUTENANT, AND FIRE
CAPTAIN CLASSIFICATIONS; SAID AMENDMENT EXTENDING THE
AGREEMENT TO INCLUDE UPDATING THE JOB ANALYSES AND
REVISIONIDEVELOPMENT AND VALIDATION OF WRITTEN TESTS FOR AN
ADDITIONAL GROUP OF FIREFIGHTER II, FIRE LIEUTENANT, AND FIRE
CAPTAIN APPLICANTS, IN AN AMOUNT NOT TO EXCEED $41,820
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 Fire; and
WHEREAS, the Consultant successfully developed and validated written tests for four
groups of Sergeant and Lieutenant applicants and for two groups of Firefighter II, Fire Lieutenant,
and Fire Captain 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 of the International Association of Firefighters (IAFF)
Bargaining Agreement, promotional examinations for Fire Captain, Fire Lieutenant and Fire Fighter
II will be given at least every two (2) years, with the test for Lieutenant and Captain being comprised
of fifty percent (50%) written test and fifty percent (50%) behavioral assessment, and with the
Firefighter II test being 100% written test, and the City needs to expedite this process; and
WHEREAS, the Consultant is able to administer both written tests in the 90 days (after the
reading list is announced) prescribed by the IAFF Agreement; 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; each time the City has contracted with Dr. Santisteban for complete
Fire promotional testing processes (job analysis, test development, and validation), the consultant
has reduced the cost; and
WHEREAS, in a meeting which included the Human Resources Department, representatives
of the IAFF, and the Fire Chief, it was decided that extension of contract is in the City's best interest.
NOW, THEREFORE, BE IT nUL 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,
providing 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 revision/development and validation of written tests for an additional group of
Firefighter II, Fire Lieutenant, and Fire Captain applicants, in an amount not to exceed $41,820.
PASSED AND ADOPTED this20thlay of October ,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.fl.us
COMMISSION MEMORANDUM NO. -, (pq -~_9
TO:
Mayor Neisen Kasdin and
Members of the City C mmission
DATE: October 20,1999
SUBJECT: A RESOL APPROVING THE SECOND AMENDMENT TO THE
PROFESSI NAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND DR. DAVID SANTISTEBAN, FOR WRITTEN TEST DEVELOPMENT
AND VALIDATION FOR THE FIREFIGHTER IT, FIRE LIEUTENANT, AND FIRE
CAPTAIN 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 FIREFIGHTER II, LIEUTENANT, AND CAPTAIN
APPLICANTS, IN AN AMOUNT NOT TO EXCEED $41,820
FROM: Sergio Rodriguez
City Manager
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
CONTRACT AMOUNT AND FUNDING:
The cost will not exceed $41,820, available in the Fire Department's Professional Services budget.
ANALYSIS:
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 arid 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.
AGENDA ITEM
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DATE~
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
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-level Police Officer and Firefighter I contracts for written tests, and
his costs for comparable projects have been reduced with each successive contract.
Each time the City has contracted with Dr. Santisteban for complete Sergeant 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 40%
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 40% decrease.
UPDATE SINCE SEPTEMBER 22, 1999. COMMISSION MEETING
At the September 22, 1999, City Commission meeting, this contract was presented for
approval; at which time, Jack Richardson, IAFF President, presented comments to the
Commission that this individual was not the best consultant to perform job analyses and
develop and validate the Fire written promotional tests. It was Mr. Richardson's opinion that
Fred Deahl of 20/20 Insights could perform these services ,better for the City and had
performed the same services under contracts with a number of other government agencies in
Florida. The City Commission delayed action on this item until Mr. Richardson's comments
could be researched. The City contacted Mr. Deahl of 20/20 Insights; and, the Human
Resources Department held a meeting with representatives of the IAFF, the Fire Chief, and
Mr. Deahl. Per Mr. Deahl, 20/20 Insights has one contract with a Florida government agency
entered through a bid process and that contract is not for the same services needed by the City.
Additionally, at this time, Mr. Deahl does not wish to provide the requested services. All of
the City's parties came to the conclusion that it is in the City's best interest to extend the
current contract with Dr. David Santisteban. A further delay will not be in the best interest
of the City and for the IAFF.
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 Fire
promotional tests within the 90 days (after reading lists announced) in accordance with the IAFF
Agreement
. the City must comply with the IAFF Agreement, 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)
. the IAFF, Fire Chief, and Human Resources Department agree that, at this time, it is in the
City's best interest to extend this contract
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 Agreement.
CONCLUSION:
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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F \HUMA \$ALL\COMM-MEM\SAN99FPM. WPD
SECOND AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
DR. DAVID SANTISTEBAN,
FOR WRITTEN TEST DEVELOPMENT AND VALIDATION FOR FIREFIGHTER II,
FIRE LIEUTENANT, AND FIRE CAPTAIN CLASSIFICATIONS
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THIS SECOND AMENDMENT made this df) day of UC'tC1lot;ll--, 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 revising/developing and validating written tests for an additional group of
Firefighter II, Fire Lieutenant, and Fire Captain applicants, in an amount not to exceed $41,820.
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:
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By: ~ q Y(
CITY CLERK
By: rf}11
MAYOR
FOR CONSULTANT:
DR. DAVID SANTISTEBAN
WITNESS:
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