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1 RESOLUTION NO. i;?9~3
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
RATIFICATION AND EXECUTION OF AN AGREEMENT WITH THE STATE PERSONNE
3 BOARD RELATING TO TESTING MATERIALS FOR CLASSIFIED PERSONNEL IN
CIVIL SERVICE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The execution by the Chief Examiner and Secreta y
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of the Civil Service Board on behalf of said city of an agreement
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with the State Personnel Board relating to testing materials for
classified personnel in Civil Service, a copy of which is attached
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hereto, marked Exhibit "I" and incorporated herein by reference as
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fully as though set forth at length, is hereby ratified.
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I HEREBY CERTIFY that the foregoing resolution was duly
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of the City of San
adopted by the Mayor
meeting thereof, held
14
Bernardino at a
on the r ;?9'-dday <E
, 1977, by the following
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16 vote, to wit:
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17 AYES:
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NAYS:
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ABSENT:
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The foregoing resolution
day
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fV#/;J:;!U)
, 1977.
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COST SERVICE CONTRACT AGREEMENT
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THIS AGREEMENT. made and entered into this
15th
day of
Julv
l~, 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
CIVIL SERVICE BOARD, CITY OF SAN BERNARDINO
, hereinafter called
the Local Agency.
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WITNESSETH
That the parties, for and in consideration of the ,:~venants, 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 Listn marked as Exhibit B 'Which are incorporated
herein by reference and made a part hereof. ~ibit B may be amended by the
Board from time to tim~ without renegotiating the contract.
Further, the parties agree that the Board shall, as a normal course of
action, submit invoices covering those service~ 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 '7-/ rs..- 7 t7
and terminates
I} - / <j - 80 0 f ?J . This contract may be terminated by either party
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upon giving the~ther party 30 days written notice of termination.
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EXHIBIT \I:p,
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In the ~ent . of'. termination, the. Board will be paid such amount a.S is
due under the contract.to and.including the effective date of termination.
STATE PERSOl"11'fEL BOARD
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Manager, -Cooperative Personnel Services
Title
LCCALAGENCY
CIVIL SERVICE BOARD
CITY OF SAN BERNARDINO
Name of Agency
By Rnii. :~~
RAL~~ G. VELASQuliamef ~..
CHIEF EXAMINER & SECRETA~
Title
5/76
Exnibit ;A
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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 ~mterials.
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 }futerials.
TIle 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
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f. Administration of Test and Return of Test Materials.
The Local Agency shall administer the examination 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 ,dth 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 vnlich 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 a1.'.eyed 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:
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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, ,~ll
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 ,~ll not exceed one-half the amount of time
originally allmoJed 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 ,~ll 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 l4-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.
k. Retention of Test }~terial 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.
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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,
i~gents, 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 Usage
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.
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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.
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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.
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Exhibit B To Cost Service
Contract Agreement
Effective July 1, 1977
Cooperative Personnel Services
EXAMINATION PRICE lIST
STOCK TEST COST*
Schedule A Schedule B
Number of (CPS scored and (Scored by local
Candidates Scheduled tabulated) Agency)**
1 - 10 $ 105 minimum charge $ 95 minimum charge
11 - 100 $ 105 plus $1.85 per $ 95 plus $1.50 per
candidate over 10 candidate over 10
101 - 200 $ 272 plus $1.40 per $ 230 plus 90t per
candidate over 100 candidate over 100
201 or more $ 412 plus 70t per $ 320 plus 50t per
candidate over 200 candidate over 200
CUSTOM TEST COST****
Schedule A Schedule B
Number of (CPS scored and (Scored by local
Candidates Scheduled tabulated) Agency)***
1 - 10 $ 270 $ 260
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11 - 100 $ 270 plus $1.85 per $ 260 plus $1.50 per
candidate over 10 candidate over 10
101 - 200 $ 436 plus $1.40 per $ 395 plus 90t per
candidate over 100 candidate over 100
201 or more $ 576 plus 70t per $ 485 plus 50t per
candidate over 200 candidate over 200
*New entry police and firefighter tests resulting from the current CPS studies
will be on a higher price schedule, to be announced when the tests become
available. Agencies participating in the studies will be entitled to these
tests at substantially lower rates than non-participants.
**Charges for stock tests used by an agency for extended usage shall be
computed at the regular stock test rate plus $200 per year. Please refer to
our Guide to Selection Services. .
***The charge for extended usage of custom examinations is $40 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.
****See paragraph 3b under Special Services on page 2.
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txhlblt B To Cost Service
Contract Agreement
Effective July I~ 1977"
SPECIAL SERVICES
Our listed examination prices cover the costs of normal examination
preparation services. Services beyond the normal scope could result
in additional charges. Examples of such services would Include:
I. The preparation of specialized 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
$20 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 wll I be charged $1.75 per IS-Item segment.
The charge can be waived for agencies making significant
contributions to the quality of custom test items sent
for the test by sourctng 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, wil I be charged for actual
costs for any additional press work required to meeT the
higher candidate count.
4. The payment of such proctor services and arrangements for
out-of-town test administration as might be requested of
Cooperative Personnel Services.
5. The cost of 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 examination provIded, preparation of
affidavits, giving of deposItIons and preparation for and appearance
In court which Is required In connectIon with any legal action
pertaining to the use of any examination provided by the Board.
Revised 5/27/77
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Exhibit B To Cost ServicG
Contract Agreement
Effective July l;i97i .
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Note: 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 standards If It adversely
affects minorIty or women applicants protected by EEO laws and
guidelines. Consequently CPS cannot assume either the legal
responsibility or the cost for lItigation or substantive complaints
arising from local agency use of CPS test materials.
CANCELED OR POSTPONED EXAMINATIONS
Agencies may be bll led 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 $4.00 per candidate is assessed for scoring typing
performance tests, and $4.00 per candidate for scoring s~enographlc
performance tests.
Prices of other performance test materials and services vary, depending upon
the needs of the local agency. For specific information please contact one
of our offices.
COMMON BOOK
Charges for "Common Book" custom examinations wll I be: ful I cost for the
base examinatIon, plus half cost for the added class(es). A "Common Book"
examination is one prepared for successive classes in a series (such as
Associate and Senior Engineer). AI I competitors take the base examination;
only competitors for the higher level take the last several segments.
Rev 5/27/77
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fAIR EM PLOYMENT PRACTICES ADDENDUM
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1. In the performance of this contract, the Contractor will not discr imindtf:
against any employee or applicant for employment because of racp, color, re-
ligion' ancestry, or national origin. The Contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, ancestry, or national
origin. Such action shall include, but not be limited to, the following: employ-
ment, upgrading, demotIon or transfer; recruitment or recruitment advertising;
layoff or termination; rates of payor other forms of compensation; and selection
for training, including apprenticeship. The Contractor shall post in conspicuous
places, available to employees and applicants for employment, notices to be pro-
vided by the State setting forth the provisions of this Fair Employment Practices
section.
2. The Contractor will permit access to his records of employment, employment
advertisements, application forms, and other pertinent data and records by the
State Fair Employment Practice Commission, or any other agency of the State of
California designated by the awarding authority, for the purposes of investigation
to ascertain compliance with the Fair Employment Practices section of this con-
tract.
3. Remedies for Willful Violation:
(a) The State may determine a willful violation of the Fair Employ-
ment Practices provision to have occurred upon receipt of a
final judgment having that effect from a court in an action to
which Contractor was a party, or upon receipt of a written notice
from the Fair Employment Practices Commission that it has in-
vestigated and determined that the Contractor has violated the
Fair Employment Practices Act and has issued an order, under
Labor Code Section 1426, which has become final, or obtained
an injunction under Labor Code Section 1429.
(b) For willful violation of this fair Employment Practices provision,
the State shall have the right to terminate this contract either in
whole or 1n part, and any loss or damage sustained by the State
in securing the goods or services hereunder shall be borne and
paid for by the Contractor and by his surety under the performance
bond, if any, and the State may deduct from any moneys due or
that thereafter may become due to the Contractor I the difference
between the price named in the contract and the actual cost there-
of to the State.
STD. FORM 3 (4/65)
OSP