HomeMy WebLinkAboutCPS HR Consulting Test Rental Use AgreementCPS HR AMCONSULTING
TEST RENTAL AND USE AGREEMENT
This Test Rental and Use Agreement ("Agreement') is by and between Cooperative Personnel Services,
dba CPS HR Consulting, a California Joint Powers Authority ("CPS HR") and the Agency or Organization
named in the signature block at the end of the Agreement ("Client').
A. Purpose. This Agreement defines CPS HR test rental,
use and security policies and procedures.
CPS HR develops and rents tests for a number of
purposes and in a number of formats (including but not
limited to print and electronic media). For that reason,
some of the below paragraphs apply under certain
circumstances. But, unless specifically limited, each
paragraph applies to all testing purposes and formats.
B. Ownership of CPS HR Tests.
1. CPS HR owns all rights, title and interest, including
copyrights, in all tests provided under this
Agreement. They are the property of CPS HR and
shall remain the property of CPS HR, even while in
the custody of Client.
2. Additionally, tests that have been constructed or
modified based on information provided by the client
shall not be considered works made for hire, as that
term is defined under U.S. Copyright Law. CPS HR
shall own all rights, title and interest, including the
copyright, in any test it creates for the Client
3. Ownership of tests specifically developed for a client
and of individual test questions supplied by Client, if
any, shall be governed by a separate Agreement
between CPS HR and Client.
C. Test Materials. Test Materials consist of all used and
unused test booklets, proctors instructions, proctors
manuals, scoring instructions, key sheets, key overlays,
keyed booklets, scoring keys, instructions, CDs (for oral
tests), and any other materials generated at the test
administration, such as completed answer sheets (if
applicable), scratch paper, note paper and the like.
D. Test Security. CPS HR security standards are designed
to protect the mutual interests of all Clients that use Test
Materials as well as the interests of applicants who take
CPS HR tests. In order that no person may gain special
advantage by having improper access to the material, all
users must sign this Agreement and agree to fulfill its
terms, before the Agreement is effective.
1. Client agrees to take all reasonable and diligent
steps to keep CPS HR tests, sample tests, and
testing processes confidential and free from
unauthorized access and use. This includes, but is
not limited to, client agreeing not to divulge, convey,
copy in whole or pan, duplicate, convert to another
format or medium, or otherwise disseminate tests,
portions of tests, or test materials.
2. For on-line tests, client further agrees to take all
reasonable and diligent steps to prevent any
modification to or reverse engineering of the testing
software, and any transfer, storage or dissemination
of tests or testing software and data on any storage
medium or computer server other than those
specifically authorized by CPS HR.
3. Should Client suspect any breach of test security,
Client agrees to immediately notify CPS HR and
immediately take all steps necessary to preserve
2017 - 2019 CPS HR — TR 2 Year Agreement
evidence of or related to the breach, whether
physical or electronic.
E. Test Review, Ordering and Administration.
1. Review Copies. Review of CPS HR tests, regardless
of format, is subject to the test security standards.
(a) Test Rental Division: To help in deciding
whether to rent exams, Client may review CPS
HR stack tests and other stock test materials
free of charge (e.g., stock supplements,
shictured interview packages, and specialized
item sets).
(b) SLPP: CPS HR does not offer review copies of
the Spanish Language Proficiency Program
(SLPP) tests. However, for new clients, CPS
HR can provide a sample written test booklet
showing the different components of the test.
(c) OMlne Testing: To help in deciding whether
to utilize on-line testing, Client may review
sample on-line tests free of charge.
2. Ordering Testing Materials and Scheduling of
Examinations.
(a) Test Rental Division and SLPP:
(t) To ensure materials are received in time,
Client must notify CPS HR at least 10
business days prior to the test date of the
total number of candidates in each job
classification to be tested. If orders are
placed less than 10 -business -days prior to
the test date, rush shipment charges may
appy and timely delivery cannot be
guaranteed.
(ii) Client shall rent one test booklet per
candidate to be tested. CPS HR shall
provide Client with Test Materials including
instructions for administering the test,
sufficient test booklets and any other
material CPS HR deems necessary.
(b) On-line Testing:
(i) To ensure Client equipment is functioning
and capable of administering on-line
testing, Client must request testing from
CPS HR at least 10 business days prior to
the test date on the first time Client utilizes
on-line testing. After Client has successfully
used on-line testing, 5 working days notice
is normally sufficient for subsequent testing.
(Ii) Client recognizes that CPS HR has no
control over the functioning of the intemet
and any problems with on-line testing due
to the failure thereof are not attributable to
CPS HR.
- 1 - Client Initials fX
3. After the test date.
by the candidate on the answer sheet(s) or
(a) Test Rental Division and SLPP:
keyed answer sheet.
(i) Within 10 business days of the test date,
Client shall return to CPS HR all Test
H. Client Responsibilities.
Materials including all materials provided by
1.
Client shall perform all parts of the testing process
CPS HR for the test administration.
which are not performed by CPS HR. Client has the
(ii) Client shall not reuse printed tests on the
responsibility for assuring that the testing process
test date or on any other date but shall
performed by Client conforms to any applicable laws,
return Test Materials to CPS HR, whether
rules or ordinances, and for the test as a whole.
or not the Oast was administered.
Under the federal Uniform Guidelines on Employee
(b) On-line Testing.
Selection Procedures, the Client as test user is
(i) After the scheduled test date(s), CPS HR
responsible for local validation efforts (e.g., SME
will suspend access to the on-line test site.
review, job analysis studies) and the results of the
selection process, and Client understands and
(ii) Within 10 business days of the test date,
acknowledges that it must be prepared to
Client shall destroy all CPS HR Test
demonstrate that the process is valid and meets
Materials including scratch paper and note
other testing standards if it adversely affects groups
paper in a way that make the materials
protected by fair employment laws.
unrecoverable.
2.
Client is responsible for insuring that all persons who
F. Billing, Pricing, and Payment
handle or have access to Test Materials in any
1. CPS HR shall bill Client at the billing address
capacity for Client shall do so in compliance with this
provided in Exhibit A, unless notified in writing of a
Agreement, and are trained to handle Test Materials
new tilling address.
and administer tests before they do so.
2. The bill shall be derived from the most current
1. Legal Proceedings Involving Test Materials.
applicable Rate Sheet (s): Exhibit B for Test Rental,
1.
If Client receives notice of any administrative or court
Exhibit C for SLPP, and Exhibits D. Client
proceeding involving a CPS HR test, or a request for
acknowledges and understands that the Test Price
disclosure of Test Materials, such as a subpoena, or
Ust(s) are only effective as of the date shown each of
a public records or freedom of information request,
them and are subject to change.
Client shall notify CPS HR of such request
3. Client shall be billed for any work done on a canceled
immediately and well before a response is due.
or postponed test up to the time CPS HR is notified
2.
Upon CPS HR request, Client shall maintain the
of such cancellation or postponement. Under certain
confidentiality of the Test Materials pending the grant
circumstances, and in CPS HR's sole discretion,
or denial of a protective order or the decision of a
credit may be given for work already performed if the
court or administrative body as to whether the
test is rescheduled.
requested Test Materials must be disclosed under
4. CPS HR may charge Client for lost or compromised
the applicable public records statute.
tests if Test Materials are not returned according to
3.
Client shall cooperate with CPS HR in seeking any
3(a) above. Client shall be liable for the actual cost
relief necessary to maintain the confidentiality, of the
associated with the creation of a substantially similar
Test Materials.
replacement test up to a maximum of $15,000.
4.
Client shall indemnify and hold CPS HR harmless
S. Client agrees to and shall pay all invoices within thirty
from and against any and all claims, casts, damages,
(30) days of receipt of invoice.
losses, liabilities and expenses (including reasonable
O. Candidate Inspections
attorney fees and costs) arising out of or in
1. Test Materials.
connection with administration of a test, or with
maintaining confidentiality, of Test Materials.
CANDIDATE INSPECTION OF TEST MATERIALS
J. Term and Termination of Agreement
SHALL l$,QT BE ALLOWED EXCEPT IN CASE OF
ANSWER SHEETS AS DESCRIBED BELOW
1.
Term. This Agreement is effective beginning the
2. Answer Shoots.
date it is signed by both parties and continuing for
two years thereafter unless earlier terminated by
(a) If a candidate files a protest regarding the
either party as stated below.
scoring of his or her test, inspection of a
2.
Immediate Termination upon Material Breach. Either
candidate's own answer sheets) for the
party may terminate this Agreement immediately
purpose of detecting whether any clerical or
upon any material breach by the other party. For
o
other error has been made in the scoring of the
purposes of this Agreement, but without limiting the
answer sheets shall be allowed, upon request
meaning of material breach, any brach of the test
by the Client, for a 10 -business -day period
security provisions, however minor, shall be
immediately following the notification to the
considered material breach. Client understands
candidate of test results.
l
and acknowledges that immediate termination by
(b) Candidates are not allowed to review the
CPS HR may result in the withholding or recall of
question booklet during this inspection period.
Test Materials.
(c) Not more than one hour will normally be
3.
Termination Without Cause. CPS HR and Client may
allowed for answer sheet(s) review. A
terminate the Agreement without cause upon thirty
representative of Client's Personnel or
days written notice to the other party.
Administrative office shall be present to assure
that no changes or marks of any kind are made
- 2 -
Client Initials
2017 - 2019 CPS HR — TR 2 Year Agreement
4. Return of Test Materials. Upon termination of the
Agreement, Client shall immediately return to CPS
HR any Test Materials that it possesses.
K Miscellaneous.
1. Notices. Any notice to the parties required or
permitted under this Agreement shall be given in
writing and shall be sent to Client at the address
provided for the Principal Signer and to CPS HR at
241 Lathrop Way, Sacramento, CA 95815.
2. Dispute Resolution; Remedies.
(a) In the event of a dispute, the parties may agree
to pursue mediation or either binding or
nonbinding arbitration to resolve their dispute,
under such rules as the parties may agree.
(b) Client acknowledges that breach of this
Agreement may result in irreparable harm to
CPS HR for which damages would be an
inadequate remedy and, therefore, in the event
of a breach, in addition to its rights and
remedies otherwise available by law, CPS HR
shall be entitled to seek equitable relief,
including injunction.
3. Attorneys Fees. If any legal action or arbitration or
other proceeding is brought to enforce or construe
the tens of this Agreement or because of an alleged
dispute, breach or default in connection with any
provision of this Agreement, the successful or
prevailing party shall be entitled to recover
reasonable attorneys fees and other costs incurred in
that action, arbitration or proceeding in addition to
any other relief to which it may be entitled.
4. Waiver. The failure of any party at any time or times
to require performance of any provisions of this
Agreement shall in no manner affect its right to
enforce such provision at a later time. Nor shall the
waiver by either party of a breach of any provision of
this Agreement be taken or held to be a waiver of the
provision itself. No waiver shall be enforceable
unless made in writing and signed by the party
granting the waiver.
5. Entire Agreement; Modifications. This Agreement
constitutes the entire Agreement between the parties
regarding the subject matter hereof and supersedes
all other Agreements, representations and
warranties. All modifications and supplements to this
Agreement must be in writing and signed by both
parties.
B. Counterparts; Facsimile Signature; Electronic
Signature. This Agreement may be executed in any
number of counterparts. If this Agreement or any
counterpart is signed and then taxed or e-mailed by
PDF or otherwise, the faxed or e-mailed copy bearing
the signature shall be as good as the original wet -ink
signed copy for all intents and purposes.
7. Interpretation; Jurisdiction. This Agreement shall
be interpreted and enforced under the laws of the
State of California and jurisdiction shall be in
Sacramento County, California. The Agreement shall
be interpreted in a fair and balanced manner to best
preserve its intent, and without bias against the
drafter.
a. Authority to Sign. The person signing this
Agreement on behalf of the Client (the Principal
Signer) represents that he or she is the head of the
agency or is otherwise duty authorized to sign this
Agreement and to bind the Client
Principal Signer By signing below, I represent that the persons(s) listed in Exhibit A and on any attached
sheets is/are authorized to handle CPS HR Test Materials on Clients behalf. I affirm that I will handle all CPS
HR Test Materials in accordance with the terms of the CPS HR Test Rental Agreement then in effect, and that I
will ensure all individuals handling and/or administering tests are properly trained.
Cooperative Personnel Services dba
CPS HR Consulting,
A Caltfomia Joint Powers Authority
By:
Authorized Signature
Name: Amv Biaone
Title: Test Rental Proorem Manaaer
Date:
2017 - 2019 CPS HR — TR 2 Year Agreement
Client
By:IWJLOL�8&4v-4
Autho ed Signature (Head of Agency)
Name: qn I ZAL I I 1 L
Title: 1-i R -�), CP eiiv-
Email: PII'-W". 5J'M&'3Q
Date: / 1))3lD0
3- Client Initials &.V \
Exhibit A
Authortzed Representative(s) (use an ad:ffMma/paps Onesd q By signing as an Authorized Representative, I affirm
that 1 will handle all CPS HR Test Materials in accordance with the terms of the CPS HR Test Rental Agreement then in effect.
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E-mail Address
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Name, Title I Signature
Eareil Address I Phone Number
Name, Title I Signature
E-mail Address I Phone Number
Name, Me I Swish"
E-meli Address I Plane Number
Name, Tide I Signature
E-mail Address I Phone Number
II. Billing Contact
Contact Name and Title
�-1i7�rn 5irnc,�
Agencyn
Street Address, Cigf. State, Zip
�-Mail Plane Number Fax Number
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III. Physical Address
Agency / Department Na'm}�e �
Street Address7City, State, Zip
2017 - 2019 CPS HR — TR 2 Year Agreement
Exhibit B
CPS HR Test Rental Division Rates (Effective March 25, 2009 — Subject to Change)
Quantity Per Booklet/Candidate Fee
10 -1000 $ 3.00
1001+ Call for volume discount details
Base Fee: $ 595.00
Per Candidate Fee:
1-500 $7.50
*CPS HR will apply a credit of $35.00 for each fulhr Daid UNOPENED Dackaos of Stock Exams of test hooklets on the
current STOCK test order.
"Standard shipping applies to orders placed at least 10 business days prior to test date. Expedited shipping applies to
orders placed less than 10 business days prior to test date. Orden: placed 3 or less than business days prior to the
test date will be charged at the premium shipping rate.
$ Base fee includes the following at no additional charge: Proctor's Manual, Scoring Manual, CPS HR Scoring, CPS HR
answer sheets and a scoring report.
Stock Supplements
Writing Proficiency Exam
Scoring Keys
Re-Scoring/Hand-Scoring of Answer Sheet
Non-specified special services
SPECIAL SERVICES
$ 2.00 per book when ordered with a Stock test
$ 350.00 Base Fee+ $ 15.00 per candidate (Professional Scoring included)
Available at no additional charge
$ 30.00 (Requested directly by Agency)
CALL FOR DETAILS (Billed at applicable hourly rate)
Test Rental Contact Information:
CPS HR Consulting
Attn: Test Rental Division
241 Lathrop Way, Sacramento CA 95815
Telephone: 916.263.1800 / Toll Free 866.867.5272
Fax: 916.921.6240 / E-mail: testrental WeDshr.us
2017 - 2019 CPS HR — TR 2 Year Agreement
I
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IS
TD I
TES'I"
IESW
Base Fee (per order) $
I $295.00 I
$395.00 I
$595.00 I
$995.00 I
$350.00
1-100 Candidates (per candidate)
I $9.00 I
$12.00 I
$14.00 I
$15.00 I
$10.00
101-500 Candidates (per candidate)
I $8.50 I
$11.00 I
$13.00
$14.00 I
$9.50
501+ Candidates (per candidate)
I $8.00 I
$10.00 I
$12.00 I
$13.00 I
$9.00
New Item Writing/Entry
I WA I
WA I
N/A I
$35 per item I
WA
Pick Up/Handling
I 5% I
5% I
5% I
5% I
5%
Standard Shipping/Handling"
I 10% I
10% I
10% I
10% I
10%
Expedited Shipping/Handling "
I 15% I
15% I
15% I
15% I
15%
Premium Shipping/Handling"
I 20% I
20% I
20% I
20% I
20%
Shipping outside contiguous U.S.
I
CALL
FOR DETAILS
Entry Law/Fire Candidate Preparation Manuals
Structured Interview Packages
**Vow available Online"
Quantity Per Booklet/Candidate Fee
10 -1000 $ 3.00
1001+ Call for volume discount details
Base Fee: $ 595.00
Per Candidate Fee:
1-500 $7.50
*CPS HR will apply a credit of $35.00 for each fulhr Daid UNOPENED Dackaos of Stock Exams of test hooklets on the
current STOCK test order.
"Standard shipping applies to orders placed at least 10 business days prior to test date. Expedited shipping applies to
orders placed less than 10 business days prior to test date. Orden: placed 3 or less than business days prior to the
test date will be charged at the premium shipping rate.
$ Base fee includes the following at no additional charge: Proctor's Manual, Scoring Manual, CPS HR Scoring, CPS HR
answer sheets and a scoring report.
Stock Supplements
Writing Proficiency Exam
Scoring Keys
Re-Scoring/Hand-Scoring of Answer Sheet
Non-specified special services
SPECIAL SERVICES
$ 2.00 per book when ordered with a Stock test
$ 350.00 Base Fee+ $ 15.00 per candidate (Professional Scoring included)
Available at no additional charge
$ 30.00 (Requested directly by Agency)
CALL FOR DETAILS (Billed at applicable hourly rate)
Test Rental Contact Information:
CPS HR Consulting
Attn: Test Rental Division
241 Lathrop Way, Sacramento CA 95815
Telephone: 916.263.1800 / Toll Free 866.867.5272
Fax: 916.921.6240 / E-mail: testrental WeDshr.us
2017 - 2019 CPS HR — TR 2 Year Agreement
Exhibit C
Spanish Language Proficiency Test Rental Division Rates
Effective March 25, 2009 — Subject to Change
SPECIAL SERVICES
Faxing/Emailing Test Results
Hand Scoring
I Proctoring Services
SLPP Extended Use Program
2017 - 2019 CPS HR — TR 2 Year Agreement
ORAL TEST
$295.00
N/A
$120.00
'20%
Available at no additional charge
$30.00
Call for detailsiquote
Call for details
WRITTEN TEST
Base Fee (per order)
I $295.00
"Per Booklet Fee
I $9.00
'Per Tape Scoring Fee
I N/A
Expedited Shipping
I '20%
'Orders placed less than two weeks prior to the exam date will incur expedited shipping charges
"Per Booklet Fee will be charged for number of taroks ordered
"'Billed for the number rated
SPECIAL SERVICES
Faxing/Emailing Test Results
Hand Scoring
I Proctoring Services
SLPP Extended Use Program
2017 - 2019 CPS HR — TR 2 Year Agreement
ORAL TEST
$295.00
N/A
$120.00
'20%
Available at no additional charge
$30.00
Call for detailsiquote
Call for details
Exhibit D
CPS HR On-line Skills Test Pricing Schedule
Effective August 2015 — Subject to Change
1 - 25 Candidates (par candidate)
$20.00
i $30.00
$6.00
26 -100 Candidates (per candidate) I
$18.00
I $27.00 I
$6.00
101 - 250 Candidates (per candidate) I
$17.00
I $25.50 I
$6.00
251 - 1,000 Candidates (per candidate) I
$15.00
I $22.50 I
$6.00
1,001+ Candidates (per candidate) I
$12.00
I $18.00 I
$6.00
Advanced Skills I Advanced Skills I Advanced Skills
Basic Skills I Basic Skills I Basic Skills
Standard I Standard Standard
Advanced Skins Advanced Skills Computing
Basic skills I Basic Skills Internet
Excel Functions I Ten Key Test
Publisher 2003 - Standard I Data Entry Test - Numeric
Outlook 2007 or 2010 - Standard I Data Entry Test - Alphanumeric
Test Rental Contact Information:
CPS HR Consulting
Attn: Test Rental Division
241 Lathrop Way, Sacramento CA 95815
Telephone: 916.263.1800 / Toll Free 866.867.5272
Fax: 916.921.6240 / E-mail: testrental(a)coshr.us
2017.2019 CPS HR — TR 2 Year Agreement
CPS HR AMCONSULTING
Please have the head of your agency (or the person who can enter into contract on your agency's behalf) initial
each page as well as sign and date page 3. K will be Important that the individuals listed as Authorized
Representatives retrive a copy of the Agreement so they are aware of our policies and procedures and also
sign the agreement on the designated area.
Please scan and email all completed pages of the agreement to testrental®coshr.us .
*For your convenience you can complete most of the agreement electronically and print for initials and signatures.
Feel free to contact any of our Test Rental Team members if you have any questions.
Kayla KellyI
Sr. Office Assistant
I Test orders, review copy requests,
I kkelly@cpshr.us
test publishing
Mariko Singh
9
Technician
I
I Test orders, review copy requests,
I msingh@cpshr.us
test publishing
Veronica Lara -Lopez
Program Coordinator
Order inquires/requests, scoring,
Vlara-Iooezpcnshr.us
account receivables/payables, skills
online administration, credit card
payment, general inquiries
Andrew Kem
Consultant
Test selection, interpretation ofI
akernOmshr.us
I
statistics/test analysesfitem analyses,
I
pass point setting
Paige Wallace
Consultant
Test selection, interpretation of
owallace(Mcnshr.us
I
statistics/test analysesfitem analyses,
I
I
pass point setting
Ryan Platt
Consultant
Test selection, interpretation of
mlattacoshr.us
I
statistics/test analyses/item analyses,
I
I
pass point setting
Amy Bigone
I Manager
I Test Rental Agreement changeI
�pone®coshr.us
requests, any other client concerns
CPS HR JAMCONSULTING
CPS HR—Test Rental
241 Lathrop Way
Sacramento, CA 95815
testrentalC-coshr.us
(t) 916.263.1800
www.eoshr.us