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HomeMy WebLinkAboutCity Council - 4619 RESOLUTION N0. 4619 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF / HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE COST SERVICE CONTRACT AGREEMENT WITH STATE PERSONNEL BOARD WHEREAS, it has been the practice of the city Personnel Department to utilize the service provided by the state Personnel Board of furnishing materials to enable the city to adminis- ter certain written tests to applicants for employment with the city; and Such service has proved to be of great assistance as well as cost-effective; and The city wishes to continue receiving such service from the state Personnel Board, NOW, THEREFORE, the City Council of the City of Huntington Beach does resolve that the Mayor and City Clerk are hereby authorized and directed to execute the Cost Service Contract Agreement with the state Personnel Board, a copy of which is attached hereto and by reference made a part hereof, to provide written test materials to the Personnel Department of the City of Huntington Beach. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the .15th day of May 1978. Mayor ATTEST: APPROVED AS TO FORM: . Jam'/ City Clerk City Attorney ISA:ahb 1. REVIEWED AND APPROVED: INITIATED AND APPROVED: C ' y Administrator Director of Pe onnel and Labor Relations II 2 . M t v :fin : AN" ben mu + x '4, c COST $RMCi CONTRACT AORMDOW THIS AG8$EM MT, arsds and entered into this day of 19 , at secrewesto, County at Sacremeeto, State of California, by and between the STAT! lSKSOMM BOARD, through its dulp. appointed, qualified and acting Inecutive Officer or his authorised representative, hereinafter called the Board, and the CITY OF HUNTINGTON BEACH , hareisaft*r called the Local Agency. WITl1US M That the partite, for and In consideration of the covenants, conditions, agreements, and stipulations expressed, and pursuant to authority contained to Section 18707, Government Code, hereby agr" to the conditions as found in attached "Cost Services Contract Rules sad frees uses" siadwd so 8shibit A and 'Vritten txeniaatio+n Price List" marked as Rkbibit B which are incorporated herein by reference and grade a part hereof. 1diibit B may be amended by the Board from time to time without renegotiating the "strict. Further, the parties agree that the Board shall, as a normal Course of action, submit invoices covering these servicev readered during a calendar month and the Local Agency agrees to pay such twmices within thirty days fallowing receipt thereof, The provisions of the attached Fair ftployment Practices Addsn*w, Standard Fore 3 (4/65), are incorporated by referesce and sede a part of this contract. The term of the contract co ee Apr- it 1,, 1978 and to"Austee March 31, 1981 .s.. This contract may bt terminated by either party upon living the other party 30 days vrittes notice of teralsatioart. In the event of termination, the Hoard will be paid such amount as is due under the contract to and including the effective date of termination. STATS PSRSMM BOARD ilY �Cooive Personnel Services Title LOCAL AGINCY ATTEST: UNTINGTON BEACH ROM of Agency 3 City Clerk llamre REVIEWED AND APPROVED: Title APPROVED AS TO FORM: Cit Administrator INITIATED AND APPROVED: pity Attorrney r � Director, Personno& afte Labor Relations >4-"O"',G i 1 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 A-encZ. 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/l/76 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 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 Linder 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 trey 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. rest Papers Inspection Under Board Policy. If the Local Agency has no officially adopted rule or established policy regarding candidates' privilege of inspecting; a keyed cony of att examination or answer sheet(:.) following, the examination and wishes to allex4 sash ,in Inspection priv[ieg;e, the following; policy of the Board shall govern: x7,, 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 materiels. Upon request of the Local Agency and when submitted in writing by a candi- date who participated in the examination, the Board will analyse protests resulting from such review and rec d the action to be taken by the Local Agency. 2. Answer�S et 's Ins ection�. Inspection of a candidate's answer sheets), 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 sheets) to the Local Agency. candidates ure not allowed to review the question booklet during this inspection period. Not more than one hour will norsally 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 sheets) 3. Certain Tests Not to be 2M for Key LusElction. Stan- dardized tests, and tests preduplicated as fors tests and semi-fora 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 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- .ra 1. Agency Responsibilities The Agency shall perforce 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 lads. Tim 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 Usages 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 readmnistering 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 unauthorised persons from leaving 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 teat questions copied by the Agency, wader 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 lotion 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. Cancelled or Postpoded Examinations Agencies may be billed for work done on a canceled or postponed examination up to that tine the Board is notified of such action. Under certain circumstances, credit may be given for work already performed if the test is rescheduled. ! �t;8 14� ' S� F'. w�� t Section II Spacial Services Upon the request of the Local Agency, the Board, in its discretion, shall supply any all of the following special services; owl a. Mwico and assistance on examining procedures and problem. b. Preparation and distribution of examination publicity. c. Distribution, receipt, and appraisal of applications. d. Preparation, administration and scoring of essay, problem and performuce tests. e. Advice on and conduct of oral interviews. f. Preparation of eligible lists. g. Preparation of spacial 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. i,' -6- ^ Exhibit 8 To Cost Service Effective July 1 , 1977 Contract Agreement Cooperative Personnel Services EXAMINATION PRICE LIST STOCK TEST COST* Schedule A Schedule 8 Number of (CPS scored and (Scores! by Local Candidates Scheduled tabulated) AWncy)** t 1 - 10 $ 105 minims charge $ 95 minimum charge Y ' 11 100 $ 105 plus $1.85 per $ 95 plus $1.50 per r candidate over 10 candidate over 10 101 • 200 $ 272 plus $1.40 per $ 230 plus 90tper candidate over 100 candidate over 100 201 or more $ 412 plus 70t per S 320 plus Sot per candidate over 200 candidate over 200 CUSTOM TEST COST**** Schedule A Schedule 8 k Number of (CPS scored and (Scared by Local Candidates Scheduled tabulated) Agency)*** #F 1 10 $ 270 $ 260 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 70a per $ 485 plus $00 per candidate over 200 candidate over 200 *New entrj Mlice and firefighter tests resulting from the current CPS studies 17 wbe on a higher price schedule, to be announced when the tests become Al available. Aries 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. Exhibit 8 To Cost Service Effective July 1 , 1977 Contract Agreement SPECIAL SERVICES Our listed axamination 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: az 1. 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 z' $28 for each appeal denied. (I f an item Is found to be faulty, Cooperative Personnel Services will absorb the cost of 4 'k analyzing and responding to the appeal .) 3. An unusuallyhigh 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 w I I I be charged $1.75 per 15-itoo segment. The charge can be waived for agencies making significant contributions to the quality of custom test items son+ y, for the fast 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 x ' time exceeding four tours r` c. Agencies which call in higher candidate counts after the originally estimated number of test bookiets has been duplicated and assembled, will be charged for actual costs for any additional press work required to meet the higher candidate count, d. The payment of such proctor services and arrangements for rut-of-town test administration as might be requested of Oooperative Personnel Services. 5. The cost of general consultation on selection Systems and other services not directly related to a specific examination. '4. b. Scoring of problem and essay type questions. 7. Preparation of special #nformat i on 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. . s Revised 5/27/77 { -2- Exhibit B To Cost Service Effective July I , 1977 Contract Agreement 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 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 $4.00 per candidate Is assessed for scoring typing performance tests, and $4.00 per candidate for scoring stenogrephle 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. COWN 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" examination is one prepared for successive classes In a series (such as Associate and Senior Engineer). All competitors take the base examination; only competitors for the higher level take the last several segments. Rev 5/27/77 -3- F R EMPLOYMENT PRACTICES ADDENDUM 1 . In the performance of this contract, the Contractor will not discrimilla((. against any employee or applicant for employment because of race, 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 pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuou., 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 in 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, the difference between the price named in the contract and the actual cost there- of to the State. STD. FORM 3 (4/65) �Y Res. No. 4619 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 15th day of May 19 78 , by the following vote: AYES: Councilmen: Pattinson Thomas MacAllister Shenkman, Siebert ManrlicF Raley NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California