1973-0806_CALIFORNIA, STATE OF_Cost Service ContractCOST SERVICE CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into this 6th
day of Augy,ayr _19—Za_1 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 Juan Capistrano , hereinafter called
the Local Agency.
WITNESSETH
That the parties, for and in consideration of the covenants, conditions,
agreements, and stipulations expressed, and pursuant to authority contained
1n Section 18707, Government Code, hereby agree to the conditions as found
in attached "Coat 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 AuWAt 6.71_ and terminates
August 5. 1976 This contract may be terminated by either party
upon giving the other party 30 days written notice of termination.
0
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.
STATE PERSONNEL BOARD
LBy --
Chief, Local Government Services Division
Title
LOCAL AGENCY
_ City of San Juan Capistrano
Name of Agency
G�
By
Name
City Manager
Title
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. 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 necessarv.
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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 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 coml .citors or unforeseen
difficulties in administration of the tf•8t, 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:
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1. Kev 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 imme'lately following the
notification to the candidate of examination results.
Upon request, the Board will .-eturn 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 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.
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1. Local Agency Responsibilities.
The Local 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.
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 instructions 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 kept
confidential. The Local 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 of 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 Local Agency.
o. Examination Charges.
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 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 performance tests.
e. Advice on and conduct of oral interviews.
f. Preparation of eligible lists.
g. Other technical personnel services.
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FORM TEST COST
Number of
Candidates Tested
1 - 10
11 - 100
101 - 200
201 or more
SEMI -FORM TEST COST
Number of
Candidates Tested
1 - 10
11 - 100
101 - 200
201 or more
CUSTOM TEST COST
Number of
Candidates Tested
1 - 10
11 - 100
101 - 200
201 or more
• Effective July 1, 1973
Exhibit B
EXAMINATION PRICE LIST
Schedule A
(CPS scored and
tabulated)*
$ 50 minimum charge
$ 50 plus $1.10
per booklet over 10
$149 plus 800
per booklet over 100
$229 plus 30C
per booklet over 200
Schedule A
(CPS scored and
tabulated)*
$ 70 minimum charge
$ 70 plus $1.10
per booklet over 10
$169 plus 800
per booklet over 100
$249 plus 300,
per booklet over 200
Schedule A
(CPS scored and
tabulated)*
$155
$155 plus $1.10
per candidate over 10
$254 plus 800
per candidate over 100
$334 plus 300
per candidate over 200
Schedule B
(Scored by Local
Agency)**
$ 40 minimum charge
$ 40 plus 80C
per booklet over 10
$112 plus 50C
per booklet over 100
$162 plus 200
per booklet over 200
Schedule B
(Scored by Local
Agency)***
$ 60 minimum charge
$ 60 plus 80C
per booklet over 10
$132 plus 50C
per booklet over 100
$182 plus 20C
per booklet over 200
Schedule B
(Scored by Local
Agency)****
$145
$145 plus 800
per candidate over 10
$217 plus 50C
per candidate over 100
$267 plus 20C
per candidate over 200
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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 Senior and Supervising Clerk). All competitors take
the base examination; only competitors for the higher level take the
last several segments.
*Plus an additional charge of 80C per candidate for scoring of typing
performance tests and $1.20 per candidate for scoring of stenographic
performance tests.
**Charges for form tests used by an agency for extended usage shall be
computed at the regular form test rate plus $100 per year. Please see
page 3 in our Guide to Selection Services.
***Charges for semi -form tests used by an agency for extended usage shall
be computed at the regular semi -form test rate plus $150 per year. Please
see page 3 in our Guide to Selection Services.
****The charge for extended usage of custom examinations is $25 per month.
This charge is in addition to the schedule charge for the first usage of
the examination. Please see page 3 in our Guide to Selection Services.
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 special services would include:
1. The preparation of specialized material 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, if the appeals
are denied. (If an item is found to be faulty, Cooperative
Personnel Services will absorb the cost of analyzing and
responding to the appeal.)
3. The payment of such proctor services and arrangement for
out-of-town test administration as might be requested
of Cooperative Personnel Services.
4. The cost of oral interviews, consultation an selection
systems in general, and other services not directly related
to a specific written examination.
5. Scoring of problem and essay type questions.
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
Prices of performance test materials and services vary, depending upon the
needs of the local agency. For specific information please contact one
of our offices.
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FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this contract, the Contractor will not discriminate
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 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. Thi• 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, 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
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)
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