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HomeMy WebLinkAbout73-103RESOLUTION NO. 73-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN AGREE- MENT BETWEEN THE CITY OF SANTA ANA AND THE CALIFORNIA STATE PERSONNEL BOARD WHEREAS, the California State Personnel Board is equipped to perform a unique package of services incident to the planning, scheduling, preparation, construction and rating of written exam- inations for civil service classifications as well as related special personnel services and is willing to make these services available to the City of Santa Ana; and WHEREAS, the City of Santa Aha desires to enter into an agreement with the State of California, California State Personnel Board, Cooperative Personnel Services Division, for the purpose of performing technical personnel services for the City of Santa Ana; and WHEREAS, D. E. Bott, Director of Personnel, City of Santa Aha, has reviewed and approved the terms of the cost service contract agreement with the State of California on behalf of the City; NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Santa Aha approves said agreement between the California State Personnel Board and the City of Santa Ana and authorizes Bruce C. Spragg, City Manager, to execute said agree- ment on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 4 day of September , 1973. ATTEST: CLERK OF THE COUNCIL RESOLUTION NO. 73-103 PAGE TWO STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS.: I, FLOreNCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing resolution was introduced to said Council at its regular meeting held on the 4 day of September , 1973, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, ABSENT, COUNCILMEN: Griset, Yamamoto, Markel, Garthe, Evans, Ward CO[~CILMEN: None COUNCILMEN: Patterson CLERK OF THE COUNC/[L S A. WITHERS, CITY ATTORNEY ., ; ,~ .... 3/88 DUE TO POOR CONDITION ORIGINAL DESTROYED COST SERVICE COl/TRACT AGREI:~tENT Tills AGREEMENT, made and entered into thin, fourth day of ..... September ~9 73 , at Sacramento, County of Sacramento, State of California, by and between the STATE PERSOh~EL BOARD, through its duly appointed, qualified and acting Executive Officer or his authorized representative, hereinafter called the Board. and the .. CITY OF .SANTA ANA , hereinafter called the LoCal A~ency. WITNESSETH That the parties, for and in consideration of the covenants~ conditions, agreements, and stipulations expressed, and pursuant to authority contained in Section 18707~ Gsvernment Code, hereby agree to the conditions es found in attached "Cost Services Contract Rules and Procedures" marked as Exhibit i and "Written Examination ~rica List" marked es 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 partier agree that the Board shall, as a not, hal course of action, submit invoices covering those servicee rendered during a calendar month and the Local Agency agrees to pay such invoices within 30 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 con~ract, The te~ of the contract commences p~ptember. 4, 1973 · 'fl~i8 contract may be ter~inated by either party upon giving the other pmrty 30 days written notice of termination. In the event of temination, the Board will be paid such amount as is due under the contract to and includtn$ the effective date of ter~ination. STATE PERSONNEL BOARD By. ~Chief, Local Government Servicea D~vis~on Title LOCAL AGENCY CITY OF SANTA ANA Nam~ of Ag'~ncy Director of Personnel Title City Manaqer Title 12/72 Exhibit A CO~T SERVICES CONTRACT RUI~ AND PROCEDURES Sec%ion ! - ~eneral Conditions In performing the services incident to the planning, scheduling, prel~ration, construction and rating of written examinations for classifications to be mut,,ally a~l. eed upon By the Local Agency and the Board, the following pro- visions shall govern: &. Bchedu.!.!ng O~ .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. Upon the recoum~ndation of the I~cal Agency the Board shall set examination dates and closing dates for filing applica- tions which will allow sufficient tim~. for examination scheduling and preparation. b. Inform~..tion to be Fu~.nish.ed bY Local Agency. Th~ Local Agency s~l! cupply the Board with & ,~ritten dcscrip- 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 off the class. C. Noah.fixation of Number of Competitors. Inanediately after the closing date for filing applications, the Eocal Agencywill n~tify the Board of the total number of competitors in each classification. d. .l~-eparation of Test Mat.eriala. Thm Board shall construct an appropriate written exem~r~tion for each Job classification for which an eXamination has been requested by the Local Agency and agreed upon by the Board. Transmittal of Test Materials. The Board shall transmit to the Iocal Agency sufficient examination booklets, instructions for administering the examination and such other material as the Board may deem necessBr~. f. ~&mtnis%r~pn of Test and Retttrn of Test Materials. The Local Agency shall administer the examination in accordance with instructions ~rovidedby the Board andi~nediately following the exam/nation will return to the Board all used and unused e~amtnatio~ booklets~ keyed booklets~ scoring keys, instructions, and any other materials furnished by the Board sad not cons~n~d (except that in such cases as provided in p~ragraphs I(i), I(j), and I(m) time extensions mey be granted by the ~k~rd). g. ~e-Use of Test Material. The ~ocal Agency requesting test material for use on a specific date will not be allowed to re-use the tests on another date without prior written permission of the Board. h. $corin~ of Tests. The responsibility for the scoring of tests shall be delegated to the Board, except that upon mutual agreement the Local Agency may perform the scoring functions. The Board will score the booklets and report the results, together with a recom~ended ~ualifying score, to the Local Agency within ten working days after the booklets ~re returned to the Board, provided that in u~sual circumstances involving large numbers of competitors or unforeseen difficulties in administration of th~ test, the Board m%.y extend the period for receipt of results. Test Pmper~ Inspection Under Local A6e~cy Polic~. Yf the Local Agency has an officially adopted rule or established policy re~arding 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 ~nspection ~s desired, the Board will comply with the inspection privileges as officially recognized by the Local A~ency except that no Inspection shall be allo~ed for standardized or copyrighted tests, or tests preduplicated as Form Tests or Semi-Form Tests, or of questions ~ot scored by an absolute standard. No candidate is to be all,{ed to take away with him any notes regarding a test Question. Upon request of the Local Agency and when submitted in writing by a candidate who p~rticipated in the e~mtnstion, the Board will analyze protests resulting from such review and reco-m~nd the action to be taken by the Local Agency. J. ~est Pa~ers Inspectlop Under Board ~olicy. If the Local Agency ~as no officially adopted rule or established policy regarding candidates' privilege of inspection a keyed copy of an examim~tion or answer sheet(s) following the exami- nation and wishes to allow such an lnsI~ctlon ~ivilege, the followiu6 policy of the Board shall govern: -2- Key Ins!~ection. Inspection of a keyed coPY of the examination question book, which is for the purpose of re~luesting a review of such items as the candidate may believe are incorrect or improperly keyed~ will be allowed for the five working days imm~di&tely following an eM~unination, providinM this has been requested by the I~cal Agency at least ten 'days prior to the examination. The inspection time allowed a candidate will not exceed one-half the amount of time originally allo~ed to answer the question during the s~mtnistratioo of the examination. During key inspection a representative of the personnel or administrative office of the Local Agenc2 will be present to assure that the candidate takes no notes of any kind regarding any test materi~ls. Upon request of the Local Agency and when submitted in writing by a candidate 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. Sheet s . Ins ction. 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 booklet, shall be allowed for'a thirty-calendar-day period lm,~..diately following the notification to the candidate of e×amination results. Upon req~,e~t, the Board w~]l return the candidate's answer sheet{s/ after scoring and a copy of a keyed answer sheet(s) to the ~mcal 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). Form Tests ag~ ~pmi-Fo_~rm Tests Not to be Open for Ins.~ction. Stan~rdized or copyrit~hted tests, and tests preduplicated az form tests and semi-form tests, and questions not scored by an sbsol~te standard will not be available for keyed copy inspection nor may candidates be allowed to review copies of these tests at any time. k. Reten~!~n o~ .Test Material bi the Board. The Board shall, if requested by the local A;~ency, retain the eo~leted question bcoklet.~ or answer r, heet(m) for such reasonable period Of time as the Local AMency':; rules may prescribe. -.t- · i, ~oc&l A~enc~' Res~on, sibilities. The Local A~eney shall perform all parts of the examination l~oeess the p~z~orumnee of which has not specifically been requested of and a~reed to by the Board and shall assume responsibility for the conformity of the e.~,mt~tion process %o e_ny applicable laws, z~les, or ordinances and for the examination aea whole. m. Continuous Testing. If the Local Agency wishes to administer e~minations on a continuous basis for certain mutually s4~'eed upon classes, the Board may, in its discretion, supply the examination booklets, a scoring keyand instructions for continuous adm~nistration. Administration of exami~ations on a Continuous basis is defined as the retention and use of examination booklets e. nd instructions one or more times in an~ month during the term of this agreement. The Lo, al Agency will score such examinations. n. Securit~ of Test Material. Ail test m~terials supplied by the Board under this a~reement shall be and remain the property of the Board, and shall be kept confidential. The Local Agency agrees to be responsible for the sect~lty of all test materials supplied to the Agency and agrees to reimburse the Board for a portion or all of the replaccm.~nt co,ts, as determined by the Board, for test materials that are lost or whos~ 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 Local Agency. o. g-.~ation Char~es. In consideration .of the performance by the Board of the various testing services the Local Agency agrees to reimburse the Board in accordance with "Written Examination Price List" (Exhibit B). Section I! - Special Services Upon the request of the Local Agency, the Board, in its discretion, shall Suppl~ 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 appl[catlons. d. Preparation, administration and scoring of demonstration tests. e. Advice on and conduct of oral Interviews. f. P~eparation of eligible lists. g. Other technical personnel services. 14RI~TEN F..XAHINATIO~ PRIC~ LIS~ Exhibit B (July 1, 1972) ~o~ TEST COST Schedule A Number of (CPS scored and Bog~lete Orde~e~ ~ , eab~l~ted~,~ I - 10 $35 minimum charge Schedule B (Scored by Local Agency,** $25 minimum charge 11 ~ 99 Minimum charge plus 90¢ per booklet over l0 Ninimum charge plus 65¢ per booklet over 10 100 - 199 $116 plus 65¢ per book- let over $83.50 plus 400 per booklet over 100 200 or more $181 plus 25¢ per book- let over 200 $123.50 plus 15¢ per booklet over 200 aPlua an additional charge of 65¢ per candidate for scoring of typing perfot~aance testa, and $1.00 per candidate for scoring of stenographic perforeance tests. a,Fora tests used by an agency for extended uoaRe cost $10.0 a fiscal year. v,zs? ,COS!, Number of ~oklets Ordered 1~ 10 Schedule A (CPS scored and tabulate~) $65 minimum charge Schedule B (Scored by Local A~e~cy)*** $55 minimum charge 11 - 99 Hinimum charge plus 90¢ per booklet over tO Minimum charge plus 65c per booklet over 10 100 or moro $1&6 plus 65C per hook- let over IO0 $113.50 plus 60C per booklet over IO0 ea*Se~i-for~ tests used by an agency for extended usage'cost S150 a fiscal year. EMPLOYMENT PRACTICE ,S ADDENDUM.. 1. In the performance of this contract, the Contractor will not discriminate against any employee or applicant for employment because of rac~, 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 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. Th(; 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 Callfornt~ 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: 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, o~' 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 Yair 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 tn part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be berne and paid f~ by the Contractor and by his surety under the performance bond, tf any, and the State may deduct from a~y moneys due or that thereafter may become due to the Contractor, the difference between the price named tn tho contract and the ac.~ual cost there- of to the State. STD. FORM 3 (4/65) 0sP