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HomeMy WebLinkAboutReso. 1988-440 - Approving entering into a standard contract with the county of san bernardino to use the services 410 41/ RESOLUTION NO. S8- yrp A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING ENTERING INTO A STANDARD CONTRACT WITH THE COUNTY OF SAN BERNARDINO TO USE THE SERVICES OF THE WESTERN REGION ITEM BANK AS A COOPERATIVE PERSONNEL TESTING RESOURCE, EFFECTIVE JANUARY 1 , 1989 , AND AUTHORIZING THE MAYOR TO SIGN ALL NECESSARY DOCUMENTATION. WHEREAS , the County of San Bernardino, through its Personnel Department, operates the Western Region Item Bank of approximately 30 ,000 test questions as a cooperative personnel testing resource; and WHEREAS, currently WRIB is comprised of 106 agencies in 18 states; and each year a limited number of jurisdictions are asked to join its membership; and WHEREAS, in August 1988 the City of Redding received an invitation to join the WRIB; and WHEREAS , membership in the WRIB and having access to its test questions would enable the City of Redding Personnel Department to begin the process of developing its own test exams; and WHEREAS , staff has recommended that the City of Redding become a member of WRIB effective January 1 , 1989 ; and WHEREAS, WRIB has stated that it will accept the City' s membership in WRIB effective January 1 , 1989 , upon receipt of the amount of $750 .00 for the period January 1 , 1989 , through June 30 , 1989 , being one-half of the annual premium; and WHEREAS, because WRIB prepares its contracts effective on the first day of a member' s fiscal year, it has presented a Standard Contract to the City of Redding showing an effective date of July 1 , 1988 , the start of the City' s current fiscal year, rather than January 1 , 1989 , when the City' s actual membership will begin; 111 111 NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows : 1 . That the City Council of the City of Redding hereby approves entering into membership in the County of San Bernardino Western Region Item Bank (WRIB) effective January 1 , 1989 , upon payment of the amount of $750 . 00 to WRIB for the period January 1 , 1989 , through June 30 , 1989 , being one-half of the annual premium. 2 . That the Mayor of the City of Redding is authorized and directed to sign the above-mentioned Standard Contract which shows an effective date of July 1 , 1988 , on the condition that the actual commencement date of the Agreement and the City' s membership is January 1 , 1989 , and the City does not have to pay a premium under said Agreement for the period July 1 , 1988 , through December 31 , 1988 . 3 . That the City Clerk of the City of Redding is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid document, when appropriate. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 20th day of December, 1988 , and was duly adopted at said meeting by the following vote: AYES : COUNCIL MEMBERS: Buffum, Carter, Dahl , Fulton, & Johannessen NOES : COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS : None ABSTAIN: COUNCIL MEMBERS : None //4- 6 K. AUR CE JOHANNESSEN, Mayor City of Redding 11 ATTEST: FOR PPROVEDDD: e:e0e^e 7/7, --fe 40044,401 d/4/17-- ETHEL A. NICHOLS , City Clerk RA DALL A. HAYS , City Attorney -2- • • •n FOR COUNTY USE ONLY County Department Contract Number CAO/PERSONNEL County Department Contract Representative Contractor's License NL.giber nra '— COUNTY OF SAN BERNARDINO lTheodore S. Darany 3992 Ph. Ext. STANDARD CONTRACT ..� Budget Unit No. Sub-Object No. Fund No. Job No. Amount of Contract 030 9990 515 15000000 If contract has more than one payment or receipt, Project Name: complete the following: Western Region Item Bank Payments Estimate: Approximate Amount Each: THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereafter called the County, and Name CITY OF REDDING PERSONNEL hereafter called . PARTICIPANT Address 760 Parkview Avenue Redding, CA 96001 Phone Birth Date Federal iD No.or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered,amount to be paid,manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions,and attach plans,specifications,and addenda,if any.) WHEREAS , the County of San Bernardino through its Personnel Department operates the Western Region Item Bank as a cooperative personnel testing resource; WHEREAS, Participant desires to use the services of the Western Region Item Bank; NOW, THEREFORE, the parties, hereto mutually agree as follows: 1. This contract shall become effective on July 1, 1988 and remain in effect until terminated pursuant to paragraph 4. 2. County agrees to provide Participant access to the cooperatively developed automated test question file located at the San Bernardino County Personnel Department and identified as the Western Region Item Bank. County agrees to respond to Participant's search requests for II test questions by supplying those questions available in the file that meet the Participant's specified needs and to provide other services available through the Western Item Region Bank. Such other services include: a. Printouts of test items in review draft format with correct answers and past use statistics. b. Printouts of customized tests in camera ready book- let masters including instructions, time limits, l l • • i scoring formulas, and section/subtest headings. c. Scoring of machine readable answer sheets for jurisdictions using the booklet master service. d. Printouts of significant statistics including applicant raw scores, means, standard deviations, reliability estimates and frequency distributions. e. Printouts of item statistics regarding history and quality. 3. Participant, for the services hereinabove specified, shall pay County an annual membership fee of $1500 for participation in the services of the Western Region Item Bank. This fee shall be paid on or before ;1-u1y . TP88 and annually thereafter. This annual membership fee may be increased by the County at its option by giving advance written notice to Participant. Any such increase shall not require an amendment of this contract and notice of any increase shall be made with sufficient advance notice that Participant will have time to terminate this agreement under the provisions of paragraph 4 of this agreement before any such increase is implemented in the event Participant desires to end its participation in the use of the Western Region Item Bank. 4. This agreement may be terminated by either party by giving ninety (90) days written notice of termination to the other party. No reimbursement will be made of the annual membership fee in the event that this contract is terminated by Participant. If this contract is terminated by the County, a prorated reimbursement of the annual membership fee will be reimbursed for the portion of the year where service is not provided. I 5. This agreement shall not be subject to assignment by I � Participant. 6. It is understood and agreed that test questions and services ,1 obtained from County shall be used only for the official purposes of 1 Participant in testing applicants for employment,yment, promotion, placement, I t test research or development. Under no circumstances shall the test I questions be made available to prospective job seekers or other II 'I unauthorized persons for the purpose of studying, copying, or Ipublication. If the regulations or policies of Participant permit persons who have taken a test tc review their test, such review shall be conducted 11 under security safeguards consistent with this agreement in order to insure II that no copying of test questions can occur. i 11 I 1 Page 2 of 4 1 , • • 7. It is understood and agreed that all test questions supplied to Participant will be handled and stored in a manner that will prevent unauthorized persons from having access to them. 1 8. It is agreed that test questions may be reviewed by examiners, subject matter experts, researchers or consultants working on the development of examinations. Such persons, however, are not authorized to retain any of the actual test questions provided by Participant. Any such review process shall be conducted under the direct supervision of Participant. 9 . Participant agrees that no official, employee, consultant, or 1 other agent of Participant shall loan, give, sell, or otherwise make available any of County' s test questions to anyagency or person that is not authorized by County to have access to such material, nor shall they knowingly permit others to do so. 10. Participant agrees that if test questions obtained from County become involved in legal or administrative proceedings conducted by a court or other body vested with legal authority, Participant shall inform the legal authority of the existence and terms of this agreement and request that any supplied testquestions be covered bya protective order that sufficiently safeguards their confidentiality. County shall be any notified of such proceedings. 11. It is understood and agreed that in the event of legal challenge to supplied test questions, the burden of defending the test questions rests on Participant as well as any liability imposed from use of such questions. County' s responsibility will be limited to furnishing any readily available background information needed to evaluate the test questions. County cannot and does not warrant, represent or guarantee the validity of supplied test questions for Participant's use. 12. It is understood and agreed by and between the parties hereto it that the law of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this contract and also govern the interpretation of this contract. 13. Participant agrees that County shall not be held responsible for any liability incurred by Participant in any action involving the use of test questions provided under this contract. II I I I!I Page 3 of 4 • • 14. The parties agree that County is an independent contractor in providing service under this contract. 15. This contract constitutes the entire agreement between the parties and may only be modified by a written amendment signed by the parties. IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed by persons legally authorized to sign on their behalf. Date: PARTICIPANT By: Title Date: / ). �, ,U COUNTY OF SAN BERNARDINO By: iik*_ Employment Division Chief Theodore S. Darany I I COUNTY OF SAN BERNARDINO '` ► (State if corpora tion,company,etc.) Chairman, Board of Supervisors By ► Dated (Authorized Signature) It Dated ATTESTED: Title N. Clerk of the Board of Supervisors Address Approved as to Legal Form Reviewed as to Affirmative Action Reviewed for Processing 0-(044.2 County Counsel Agency Administrator/CAO Date Date ` Data Page 4 02-123t 1-000 Rev. 4