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
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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.
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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 ($23,850.00).
4
IN WITNESS WHEREOF, the parties hereto have caused this First
Amendment Agreement to be executed by their appropriate officials,
as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH
Ro~r (. p~~
ATTEST:
By:
City Clerk, Robert E. Parcher
FOR CONSULTANT:
DAVID SANTISTEBAN, Ph.D.
WITNESS:
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By:
Dr
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Human Resources Department
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F:$ALUHUMAROVM/CONTRACTS/FIREPR96.SAN
5