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RESOLUTION NO. 84-369
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO
RELATING TO PERSONNEL TESTING RESOURCES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City a
contract with the County of San Bernardino relating to personnel
testing resources, a copy of which is attached hereto, marked
Exhibit "An and incorporated herein by reference as fully as
though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
reqular
meeting thereof, held on
the 17th day of
September
, 1984, by the following vote,
to wit:
AYES:
Council Members Castaneda. Reillv. Hp.rn~ndpz
Quiel, Frazier. Strickler
NAYS:
None
ABSENT:
Council ~1erilier ~'1arkB
/.fhl>>h,Q~
~ City Clerk
of
SepteMber
The foregoing resolution is
day
, 1984.
Approved as to form:
I~.,f~
City Attorney
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County Department
FOR COUNTY USE ON L Y ~f/- 3 ;;, f
Contract Number
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County Department Contract Representative
Contractor's License Number:
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COUNTY OF SAN BERNARDINO
Theodore S. Darany
STANDARD CONTRACT
Budget Unit No.
3992
Amount of Contract
Project Name:
Western Reqion Item Bank
If contract has more than one payment or receipt,
complete the following:
Payments Estimate:
Approximate Amount Each:
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereafter
called the County, and
Name
Address
The City of San Bernardino
300 N. "0" Street
San Bernardino. California
Phone Birth Date
383-5161 (Personnel Department)
Federal 10 No. or Social SecuritY No.
hereafter called
PARTICIPANT
IT IS HEREBY AGREED AS FOllOWS:
(Use space below and additional bond sheers. S,it forth service to be rendered, a'!'ounr to be paid, manner of payment, time
for performance or completion, determination of satisfactory performance and cause for termination, other tenns and
conditions, and attach plans, specifications, and addenda, if any.)
WHEREAS, the County of San Bernardino through its.Personnel
Department operates the Western Region Item Bank as a cooperative personnel
testing resource;
WHEREAS, Participant desires to use the services of the Western
Region Item Bank;
NOW, THEREFORE, the parties, hereto mutually agree as follows:
1. This contract shall become effective on Julv 1. 1984 and
remain in effect until terminated pursuant to paragraph 4.
2. County agrees to provide Participant access to the
cooperatively developed automated test question file located at the San
Bernardino County Personnel Department and identified as the Western Region
Item Bank. County agrees to respond to Participant's search requests for
test questions by supplying those questions available in the file that meet
the Participant's specified needs and to provide other services available
through the Western Item Region Bank. Such other services include:
a. Printouts of test items in review draft format with
correct answers and past use statistics.
b. Printouts of customized tests in camera ready book-
let masters including instructions, time limits,
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scoring formulas, and sectionjsubtest headings.
c. Scoring of machine readable answer sheets for
jurisdictions using the booklet master service.
d. Printouts of significant statistics including
applicant raw scores, means, standard deviations,
reliability estimates and frequency distributions.
e. Printouts of item statistics regarding history and
quali ty.
3. Participant, for the services hereinabove specified, shall pay
County an annual membership fee of $1500 for participation in the services
of th~ Western Region Item Bank. This fee shall be paid on or before
July 1, 1984 and annually thereafter. This annual membership fee
may be increased by the County at its option by giving advance written
notice to Participant. Any such increase shall not require an amendment of
this contract and notice of any increase shall be made with sufficient
advance notice that Participant will have time to terminate this agreement
under the provisions of paragraph 4 of this agreement before any such
increase is implemented in the event Participant desires to end its
participation in the use of the Western Region Item Bank.
4. This agreement may be terminated by ei~her party by giving
ninety (90) days written notice of termination to the other party. No
reimbursement will be made of the annual membership fee in the event that
this contract is terminated by Participant. If this contract is terminated
by the County, a prorated reimbursement of the annual membership fee will
be reimbursed for the portion of the year where service is not provided.
5. This agreement shall not be subject to assignment by
Participant.
6. It is understood and agreed that test questions and services
obtained from County shall be used only for the official purposes of
Participant in testing applicants for employment, promotion, placement,
test research or development. Under no circumstances shall the test
questions be made available to prospective job seekers or other
unauthorized persons for the purpose of studying, copying, or
publication. If the regulations or policies of Participant permit persons
who have taken a test to review their test, such review shall be conducted
under security safeguards consistent with this agreement in order to insure
that no copying of test questions can occur.
Page 2 of 4
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7. It is understood and agreed that all test questions supplied
to Participant will be handled and stored in a manner that will prevent
unauthorized persons from having access to them.
8. It is agreed that test questions may be reviewed by examiners,
subject matter experts, researchers or consultants working on the
development of examinations. Such persons, however, are not authorized to
retain any of the actual test questions provided by Participant. Any such
review process shall be conducted under the direct supervision of
Participant.
9. Participant agrees that no official, employee, consultant, or
other agent of Participant shall loan, give, sell, or otherwise make
available any of County's test questions to any agency or person that is
not authorized by County to have access to such material, nor shall they
knowingly permit others to do so.
10. Pa~ticipant agrees that if test questions obtained from
County become involved in legal or administrative proceedings conducted by
a court or other body vested with legal authority, Participant shall inform
the legal authority of the existence and terms of this agreement and
request that any supplied test questions be covered by a protective order
that sufficiently safeguards their confidentiality. County shall be
promptly notified of any such proceedings.
11. It is understood -and agreed that in the event of legal
challenge to supplied test questions, the burden of defending the test
questions rests on Participant as well as any liability imposed from use of
such questions. County's responsibility will be limited to furnishing any
readily available background information needed to evaluate the test
questions. County cannot and does not warrant, represent or guarantee the
validity of supplied test questions for Participant's use.
12. It is understood and agreed by and between the parties hereto
that the law of the State of California shall govern the rights,
obligations, duties and liabilities of the parties to this contract and
also govern the interpretation of this contract.
13. Participant agrees that County shall not be held responsible
for any liability incurred by Participant in any action involving the use
of test questions provided under this contract.
Page 3 of 4
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14. The parties agree that County is an independent contractor in
providing service under this contract.
15. This contract constitutes the entire agr~ement between the
parties and may only be modified by a written amendment signed by the
parties.
to be
Date:
IN WITNESS WHEREOF, the parties hereto have caused this contract
ned by legally authorized to sign on their behalf.
PARTICIPANT
Date:
July 16, 1984
COUNTY OF SAN BERNARDINO
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Chairman, Board of Supervisors
Dated
ATTESTED:
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Clerk of the Board of Supervisors
Approved as to Legal Form
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County Counsel
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By:
COUNTY OF SAN BERNARDINO
BY:~~v~~
Theodore S. Darany
Approved as to form:
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City Attorney
By~
Title
Mayor
Address
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]00 N. "0" Street, S. B.
Reviewed as to Affirmative Action
Reviewed for Processing
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Agency Administrator/CAO
Date
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