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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 12/72 . 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. 6/73 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: -2- 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. -3- 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. -4- 6/73 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 0 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. 5/73 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) rK i]