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HomeMy WebLinkAboutResolution No. 6067RESOLUTION NO. 6067 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with Cooperative Personnel Services, State of California, for services commencing March 20, 1981 and terminating March 19, 1984, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro - adjourned duced and adopted at an/-rPgnlar meeting of the City Council of said City held on Monday the ninth day of Marr --h 19 81 , by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None --UA'N-RE M. LEONCINI, City Clerk LO D COST SERVICE CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this ninth day of March 19 81 , at Sacramento, County of Sacramento, State of California, by and between the STATE PERSONNEL BOARD, through its duly appointed, qualified and acting Executive Officer or his authorized representative, hereinafter called the Board, and the CITY OF SAN RAFAEL , hereinafter called the Local Agency. WITNESSETH That the parties, for and in consideration of the convenants, conditions, agreements, and stipulations expressed, and pursuant to authority contained in Section 18707, Government Code, hereby agree to the conditions as found in attached "Cost Services Contract Rules and Procedures" marked as Exhibit A and "Written Examination Price List" marked as Exhibit B which are incorporated herein by reference and made a part hereof. Exhibit B may be amended by the Board from time to time without renegotiating the contract. Further, the parties agree that the Board shall, as a normal course of action, submit invoices covering those services rendered during a calendar month and the Local Agency agrees to pay such invoices within thirty days following receipt thereof. The provisions of the attached Fair Employment Practices Addendum, Standard Form 3 (4/65), are incorporated by reference and made a part of this contract. The term of the contract commences March 20, 1981 and terminates March 19, 1984 This contract may be terminated by either party upon giving the other party 30 days written notice of termination. Cfw,�pYS- %Z--/ge21 In the event of termination, the Board will be paid such amount as is due under the contract to and including the effective date of termination. ATTEST: NNE M. LEONCINI City Clerk APPROVED AS TO FORM: ICY �,r'�I. EDMUND A. DUG City Attorney CPS -2 (4/78) Page 2 STATE PERSONNEL BOARD By -Manager, Cooperative Personnel Services Title LOCAL AGENCY City of San Rafael Name of Agency LAWRENCE E. M LRYAN Mayor Title Exhibit A COST SERVICES CONTRACT RULES AND PROCEDURES Section I - General Conditions In performing the services incident to the planning, scheduling, preparation, construction and scoring of written examinations for classifications to be mutually agreed upon by the Local Agency and the Board, the following provi- sions shall govern: a. Scheduling of Examinations. Whenever during the term of this agreement, the Local Agency desires the services of the Board in the preparation of a written examination for a job classification, the Local Agency will submit to the Board a request for such services. This request shall include examination dates and closing dates for filing applications. These dates shall be set by the Local Agency within the guidelines of the Board to allow sufficient time for examination scheduling and preparation. b. Information to be Furnished by Local Agency. The Local Agency shall supply the Board with a written descrip- tion of the work performed in the classes for which the Local Agency desires an examination prepared, including a statement of the minimum and/or desirable qualifications and the salary of the class. C. Notification of Number of Competitors. Immediately after the closing date for filing applications, but not less than 10 working days prior to the examination date, the Local Agency will notify the Board of the total number of competitors in each classification. d. Preparation of Test Materials. The Board shall construct a written examination, based on the information furnished by the Local Agency, for each job classi- fication for which an examination has been requested by the Local Agency and agreed upon by the Board. e. Transmittal of Test Materials. The Board shall transmit to the Local Agency sufficient exami- nation booklets, instructions for administering the examination and such other material as the Board may deem necessary. Rev 4/1/76 f. Administration of Test and Return of Test Materials. The Local Agency shall administer the exarrb .:ion in accordance with instructions provided by the Board and immediately following the examination will return to the Board all used and unused examination booklets, keyed booklets, scoring keys, instructions, and any other materials furnished by the Board and not consumed (except that in such cases as provided in paragraphs I(i), I(j), and I(m) time extensions may be granted by the Board). g. Re -Use of Test Material. The Local Agency requesting test material for use on a specific date will not be allowed to re -use the tests on another date without prior permission of the Board. h. Scoring of Tests. At the discretion of the Local Agency, the responsibility for the scoring of tests may be delegated to the Board. In such cases, the Board will score the answer sheets and report the results, together with a recommended qualifying score, to the Local Agency within 14 working days after the answer sheets are returned to the Board, provided that in unusual circum- stances involving large numbers of competitors or unforeseen difficulties in administration of the test, the Board may extend the period for receipt of results. i. Test Papers Inspection Under Local Agency Policy. If the Local Agency has an officially adopted rule or established policy regarding candidates' privilege of inspecting a keyed copy of an examination or answer sheets following the examination, and this rule or policy has been submitted in writing to the Board at least 10 days prior to the first examination scheduled under this agreement for which such inspection is desired, the Board will comply with the inspection privileges as officially recognized by the Local Agency except that no inspection shall be allowed for standardized test materials, or tests preduplicated as form tests or semi -form tests, or of questions not scored by an absolute standard. During key inspection a representative of the Local Agency personnel or administrative office will be present to assure that no candidate takes away with him any notes regarding a test question. Upon request of the Local Agency and when sub- mitted in writing by a candidate who participated in the examina- tion, the Board will analyze protests resulting from such review and recommend the action to be taken by the Local Agency. j. Test Papers Inspection Under Board Policy. If the Local Agency has no officially adopted rule or established policy regarding candidates' privilege of inspecting a keyed copy of an examination or answer sheet(s) following the examination and wishes to allow such an inspection privilege, the following policy of the Board shall govern: -2- k. 1. Key Inspection. Inspection of a keyed copy of the examination question book, which is for the purpose of requesting a review of such items as the candidate may believe are incorrect or improperly keyed, will be allowed for the five working days immediately following an examination, providing this has been requested by the Local Agency at least 10 days prior to the examination. The inspection time allowed a candidate will not exceed one-half the amount of time originally allowed to answer the question during the administration of the examination. During key inspec- tion a representative of the personnel or administra- tive office of the Local Agency will be present to assure that the candidate takes no notes of any kind regarding any test materials. Upon request of the Local Agency and when submitted in writing by a candi- date who participated in the examination, the Board will analyze protests resulting from such review and recommend the action to be taken by the Local Agency. 2. Answer Sheet(s) Inspection. Inspection of a candidate's answer sheet(s), which is for the purpose of detecting whether any clerical or other error has been made in the scoring of the answer sheets, shall be allowed for a 14 -calendar -day period immediately following the notification to the candidate of examination results. Upon request, the Board will return the candidate's answer sheet(s) after scoring and a copy of a keyed answer sheet(s) to the Local Agency. Candidates are not allowed to review the question booklet during this inspection period. Not more than one hour will normally be allowed for answer sheet(s) review, during which time a representative of the personnel or administrative office of the Local Agency shall be present to assure that no changes or marks of any kind are made by the candidate on his answer sheet(s) or the keyed answer sheet(s). 3. Certain Tests Not to be Open for Key Inspection. Stan- dardized tests, and tests preduplicated as form tests and semi -form tests, and questions not scored by an absolute standard will not be available for keyed copy inspection nor may candidates be allowed to review copies of these tests at any time. Retention of Test Material by the Board. The Board shall, if requested by the Local Agency, retain the completed question booklets or answer sheet(s) for such reasonable period of time as the Local Agency's rules may prescribe. -3- 1. Agency Responsibilities The Agency shall perform all parts of the examination process, the performance -of which has not specifically been requested of and agreed to by the Board, and shall assume responsibility for the conformity of the examination process to any applicable laws, rules, or ordinances and for the examination as a whole. Under the selection guidelines of the Equal Employment Opportunity Commission and the California Fair Employment Practices Commission, the Agency as test user is responsible for the results of the selection process and must be prepared to demonstrate that the process is valid and meets other testing standards if it adversely affects groups protected by fair employment laws. The Agency agrees to hold harmless the Board, its officers, agents, and its employees from, and to indemnify the Board, its officers, agents, and its employees from, any damages or liability which may arise from the use by the Agency of any examination or selection procedure which is the subject of this agreement. M. Extended Usaee If the Local Agency wishes to administer examinations on a continuous basis for certain mutually agreed upon classes, the Board may, in its discretion, supply the examination booklets, a scoring key and instruc- tions for extended usage. Extended usage is defined as the Local Agency's retention of examination booklets and instructions after their initial administration for the purpose of readministering them. The Local Agency will score such examinations. n. Security of Test Material All test materials supplied by the Board under this agreement shall be and remain the property of the Board, and shall be held and stored in a manner that will prevent unauthorized persons from having access to it. The Agency agrees to be responsible for the security of all test materials supplied to the Agency and agrees to reimburse the Board for a portion or all of the replacement costs, as determined by the Board, for test materials that are lost or whose value for testing purposes, in the opinion of the Board, may have been destroyed while said test materials were subject to the custody of the Agency. Question booklets shall not be duplicated nor test questions copied by the Agency, under any circumstances. If any test material obtained from the Board should become involved in legal proceedings by a court or other body vested with legal authority, the Agency will take appropriate measures to safeguard the confidentiality of the test material including answer sheets such as by motion for protective order. -4_ o. Examination Charges In consideration of the performance by the Board of the testing services specifically described in this Exhibit, the Agency agrees to reimburse the Board in accordance with "Written Examination Price List" (Exhibit B). p. Canceled or Postponed Examinations Agencies may be billed for work done on a canceled or postponed examination up to the time the Board is notified of such action. Under certain circumstances, credit may be given for work already performed if the test is rescheduled. 5M Section II - Special Services Upon the request of the Local Agency, the Board, in its discretion, shall supply any or all of the following special services: a. Advice and assistance on examining procedures and problems. b. Preparation and distribution of examination publicity. C. Distribution, receipt, and appraisal of applications. d. Preparation, administration and scoring of essay, problems and performance tests. e. Advice on and conduct of oral interviews. f. Preparation of eligible lists. g. Preparation of special information or affidavits regarding examinations provided, including giving of depositions and presentations in court required by legal action arising from use of any Board examination. h. Other technical personnel services. _6_ Exhibit B to Cost Service Contract Agreement SPECIAL SERVICES Effective September 1, 1980 Listed examination prices cover the cost of normal consultation and examination preparation services. Additional service beyond normal will be charged at the appropriate billing rate or fee. Examples of such service include: 1. Preparation of special material or revision of existing materials which can be utilized in one agency only; for example, material, covering local building codes, and individual department rules and regulations. 2. Research and analysis of candidate appeals, at a cost of $40 for each appeal denied. (If an item is found to be faulty, Cooperative Personnel Services will absorb the cost of analyzing and responding to the appeal.) 3. An unusually high amount of technical or clerical staff time being spent to meet an agency's examining need. Several examples are: a. Agencies requesting they be sent review copies of custom test segments will be charged $2.20 per 15 -item segment. The charge can be waived for agencies making significant contributions to the quality of custom test items sent for the test by sourcing items, rewriting outdated items and writing new test items. b. Agencies requesting a lengthy custom written test (120 or more test items) will be charged for actual costs for typing time exceeding four hours. c. Agencies which call in higher candidate counts after the originally estimated number of test booklets has been duplicated and assembled, will be charged for actual costs for any additional press work required to meet the higher candidate count. 4. Proctor services and arrangements for test administration arranged for or provided by Cooperative Personnel Services. 5. General consultation on selection systems and other services not directly related to a specific examination. 6. Scoring of problem and essay type questions. 7. Preparation of special information regarding the content, coverage, or validity of the provided examination, preparation of affidavits, giving of depositions and preparation for an appearance in court which is required in connection with any legal action pertaining to the use of any examination provided by the Board. Exhibit B to Cost Service Contract Agreement RESPONSIBILITY FOR SELECTION PROCESS -2- State and Federal selection guidelines indicate the employer is responsible for the results of the selection process and must be prepared to demonstrate that the process is validated for their specific jobs and meet other selection stan- dards if it adversely affects minority or women applicants protected by EEO laws and guidelines. Consequently, CPS cannot assume either the legal respon- sibility or the cost for litigation or substantive complaints arising from local agency use of CPS test materials. CANCELLED OR POSTPONED EXAMINATIONS Agencies will be billed for work done on a canceled or postponed examination up to the time we are notified of such action. Under certain circumstances, credit may be given for work already performed if the test is rescheduled. PERFORMANCE TESTS An additional charge of $5.10 per candidate is assessed for scoring either typing or stenographic performance tests. Charges for other performance test materials and services vary, depending upon the type of service. For specific information, please contact one of our offices. COMMON BOOK Charges for "Common Book" custom examinations will be: full cost for the base examination, plus half cost for the added class(es). A "Common Book" examina- tion is one prepared for successive classes in a series (such as Associate and Senior Engineer). All competitors take the base examinaion; only competitors for the higher level take the last several segments. STOCK K A "Stock K" exam is a custom examination that an agency has developed and wishes to readminister at a later date with no changes to the test. Stock test charges apply plus $65 to cover printing and shipping costs. Exhibit B to Cost Service STOCK TEST COST* Effective September 1, 1980 COOPERATIVE PERSONNEL SERVICES EXAMINATION PRICE LIST Number of Schedule A Candidates (CPS scored and Scheduled tabulated) 1 - 10 $135 minimum charge. 11 - 100 $135 plus $2.35 per candidate over 10. 101 - 200 $346.50 plus $1.80 per candidate over 100. 201 or more $508.50 plus 900 per candidate over 200. CUSTOM TEST COST* Number of Schedule A Candidates (CPS scored and Scheduled tabulated) 1 - 10 $347 minimum charge. 11 - 100 $347 plus $2.35 per candidate over 10. 101 - 200 $558.50 plus $1.80 per candidate over 100. 201 or more $720 plus 900 per . candidate over 200. Schedule B (Scored by Local Aaencv) $121 minimum charge. $121 plus $1.90 per candidate over 10. $292 plus $1.15 per candidate over 100. $395.50 plus 650 per candidate over 200. Schedule B (Scored by Local Aaencv) $332 minimum charge. $332 plus $1.90 per candidate over 10. $503 plus $1.15 per candidate over 100. $606.50 plus 650 per candidate over 200. *The charge for extended usage of examinations is $33 per month. This charge is in addition to the schedule charge for the first usage of the examination. Please see our "Guide to Selection Services". Effective September 1, 1980 ENTRY LAW ENFORCEMENT (Form 1020 Series) AND ENTRY FIRE TESTS 1. Test prices for agencies participating in Validation Studies: Stock test rates. 2. Test prices for other agencies: Number of Schedule A Candidates (CPS scored and Scheduled tabulated) 1 - 10 $149 minimum charge. 11 - 100 $149 plus $2.60 per candidate over 10. 101 - 200 $383 plus $2.00 per candidate over 100. 200 or more $563 plus $1.00 per candidate over 200. Schedule B (Scored by Local Aaencv) $133 minimum charge. $133 plus $2.10 per candidate over 10. $322 plus $1.30 per candidate over 100. $439 plus 750 per candidate over 200.