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HomeMy WebLinkAboutCPS HR Consulting - Applicant Testing Agreement CPS HR-CONSULTING 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, evidence of or related to the breach,whether use and security policies and procedures. physical or electronic. CPS HR develops and rents tests for a number of E. Test Review,Ordering and Administration. purposes and in a number of formats(including but not 1. Review Copies.Review of CPS HR tests,regardless limited to print and electronic media).For that reason, of format,is subject to the test security standards. some of the below paragraphs apply under certain circumstances.But,unless specifically limited,each (a) Test Rental Division:To help in deciding paragraph applies to all testing purposes and formats. whether to rent exams,Client may review CPS HR stock tests and other stock test materials B. Ownership of CPS HR Tests. free of charge(e.g.,stock supplements, 1. CPS HR owns all rights,title and interest,including structured interview packages,and specialized copyrights,in all tests provided under this item sets). Agreement.They are the property of CPS HR and (b) SLPP:CPS HR does not offer review copies of shall remain the property of CPS HR,even while in the Spanish Language Proficiency Program the custody of Client. (SLPP)tests. However,for new clients,CPS 2. Additionally,tests that have been constructed or HR can provide a sample written test booklet modified based on information provided by the client showing the different components of the test. shall not be considered works made for hire,as that (c) On-line Testing:To help in deciding whether term is defined under U.S.Copyright Law. CPS HR to utilize on-line testing,Client may review shall own all rights,title and interest,including the sample on-line tests free of charge. copyright,in any test it creates for the Client 2. Ordering Testing Materials and Scheduling of 3. Ownership of tests specifically developed for a client Examinations. and of individual test questions supplied by Client,if (a) Test Rental Division and SLPP: any,shall be governed by a separate Agreement between CPS HR and Client. (i) To ensure materials are received in time, C. Test Materials.Test Materials consist of all used and Client must notify CPS HR at least 10 unused test booklets,proctors instructions,proctors business days prior to the test date of the manuals,scoring instructions,key sheets,key overlays, total number of candidates in each job keyed booklets,scoring keys,instructions,CDs(for oral classification to be tested. If orders are placed less than 10-business-days prior to tests),and any other materials generated at the test the test date,rush shipment charges may administration,such as completed answer sheets(if applicable),scratch paper,note paper and the like. apply and timely delivery cannot be D. Test Security.CPS HR security standards are designed guaranteed. to protect the mutual interests of all Clients that use Test (ii) Client shall rent one test booklet per Materials as well as the interests of applicants who take candidate to be tested.CPS HR shall CPS HR tests. In order that no person may gain special provide Client with Test Materials including advantage by having improper access to the material,all instructions for administering the test, users must sign this Agreement and agree to fulfill its sufficient test booklets and any other terms,before the Agreement is effective. material CPS HR deems necessary. 1. Client agrees to take all reasonable and diligent (b) On-line Testing: steps to keep CPS HR tests,sample tests,and (i) To ensure Client equipment is functioning testing processes confidential and free from and capable of administering on-line unauthorized access and use.This incudes,but is testing,Client must request testing from not limited to,client agreeing not to divulge,convey, CPS HR at least 10 business days prior to copy in whole or part,duplicate,convert to another the test date on the first time Client utilizes format or medium,or otherwise disseminate tests, on-line testing.After Client has successfully portions of tests,or test materials. used on-line testing,5 working days notice 2. For on-line tests,client further agrees to take all is normally sufficient for subsequent testing. reasonable and diligent steps to prevent any (ii) Client recognizes that CPS HR has no modification to or reverse engineering of the testing control over the functioning of the internet, software,and any transfer,storage or dissemination and any problems with on-line testing due of tests or testing software and data on any storage to the failure thereof are not attributable to medium or computer server other than those CPS HR. 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 -1 - Client Initials 2020-2022 CPS HR—TR 2 Year Agreement City of Central Point 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 test was administered. Under the federal Uniform Guidelines on Employee (b) On-line Testing: Selection Procedures,the Client as test user is test date(s),CPS H scheduled RRresponsible for local validation efforts(e.g.,SME (i) After the will suspendaccess 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 billing address. and administer tests before they do so. 2. The bill shall be derived from the most current I. 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 disdosure of Test Materials,such as a subpoena,or List(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 5. Client agrees to and shall pay all invoices within thirty from and against any and all claims,costs,damages, (30)days of receipt of invoice. losses,liabilities and expenses(including reasonable G. 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 NOT BE ALLOWED EXCEPT IN CASE OF ANSWER SHEETS AS DESCRIBED BELOW 1. Term. This Agreement is effective beginning the 2. Answer Sheets. 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 sheet(s)for the party may terminate this Agreement immediately purpose of detecting whether any clerical or upon any material breach by the other party. For 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 breach 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 a material breach. Client understands candidate of test results. 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 2020-2022 CPS HR—TR 2 Year Agreement City of Central Point 4. Return of Test Materials. Upon termination of the enforce such provision at a later time. Nor shall the Agreement,Client shall immediately return to CPS waiver by either party of a breach of any provision of HR any Test Materials that it possesses. this Agreement be taken or held to be a waiver of the K. Miscellaneous. provision itself. No waiver shall be enforceable 1. Notices. Any notice to the parties required or unless made in writing and signed by the party granting the waiver.permitted under this Agreement shall be given in writing and shall be sent to Client at the address 5. Entire Agreement;Modifications. This Agreement provided for the Principal Signer and to CPS HR at constitutes the entire Agreement between the parties 2450 Del Paso Rd,Ste 220,Sacramento,CA 95834. regarding the subject matter hereof and supersedes 2. Dispute Resolution;Remedies. all other Agreements,representations and warranties. All modifications and supplements to this (a) In the event of a dispute,the parties may agree Agreement must be in writing and signed by both to pursue mediation or either binding or parties. nonbinding arbitration to resolve their dispute. 6. Counterparts;Facsimile Signature;Electronic under such rules as the parties may agree. Signature. This Agreement may be executed in any (b) Client acknowledges that breach of this number of counterparts. If this Agreement or any Agreement may result in irreparable harm to counterpart is signed and then faxed or e-mailed by CPS HR for which damages would be an PDF or otherwise,the faxed or e-mailed copy bearing inadequate remedy and,therefore,in the event the signature shall be as good as the original wet-ink of a breach,in addition to its rights and signed copy for all intents and purposes. remedies otherwise available by law,CPS HR 7. Interpretation;Jurisdiction.This Agreement shall shall be entitled to seek equitable relief, be interpreted and enforced under the laws of the including injunction. State of California and jurisdiction shall be in 3. Attorneys Fees. If any legal action or arbitration or Sacramento County,California.The Agreement shall other proceeding is brought to enforce or construe be interpreted in a fair and balanced manner to best the term of this Agreement or because of an alleged preserve its intent,and without bias against the dispute,breach or default in connection with any drafter. provision of this Agreement,the successful or 8. Authority to Sign. The person signing this prevailing party shall be entitled to recover Agreement on behalf of the Client(the Principal reasonable attorneys fees and other costs incurred in Signer)represents that he or she is the head of the that action,arbitration or proceeding in addition to agency or is otherwise duly authorized to sign this any other relief to which it may be entitled. Agreement and to bind the Client. 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 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 Client CPS HR Consulting, A California Joint Powers Authority By: tA:50Q By: 1 Atitho1ized Sigrfiature Authorized Signature(Head of Agency) Name: Amy Bioone Name: Chris Clayton Title: Test Rental Program Manager Title: City Manager Date: 02/06/2020 Email: chris.dayton@centralpointoregon.gov Date: 01/08/2020 -3- Client Initials li'" 2020-2022 CPS HR—TR 2 Year Agreement City of Central Point Exhibit A Authorized Representative(s) (use an additional page if needed) By signing as an Authorized Representative,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. Name.Title I _ Elizabeth Simas-Human Resources Director ' g^ j E-mail Address Phone N v hr©centralpointoregon.gov 541-423-1tf46 Name.Title 1 Signature_ f Lara Caldwell �e ? II E-mail Address I Phone Number hr@ecentralpointoregon.gov _ 5,41 -66H -33 Z t n Name.Title I S' �A Bobbie Pomeroy � /1P'Ir7n't-tG'a 1 Bresmail Adds I Phone Number obbie- , 7)C� 1pntptavj jv 62-II totem 7C' Name.Title I Sign Brian Day E mel Address q I Phone Number / 2Z►A 4 b&yg- rsiftptoci4E 04.6.0vatI DO"-7 -- Name Title Signa Dave Croft I r) .. . (), E-mail Address + f Phone Number t�..dtA;2 • C� �G1 C¢r�?�L. t res f., ',tv I SH I LI 2'S- f as-9 Name Title I Signature E-mail Address I Phone Number II. Billing Contact I Contact Name and Title Elizabeth Simas - Human Resources Director Aaencv City of Central Point Street Address.City.State.Zit 140 S. 3rd St, Central Point, OR 97502 E-Mail Phone Number Fax Number hr@centralpointoregon.gov I Ill. Physical Address Aaencv/Department Name City of Central Point Street Address.City.State.Zip 140 S. 3rd St., Central Point, OR 97502 2020-2022 CPS HR-TR 2 Year Agreement City of Central Point Exhibit B CPS HR Test Rental Division Rates(Effective March 25, 2009—Subject to Change) I STOCK I MODULAR ITESTS SEMI-STOCK I CUSTOM TESTS AGENCY TESTS TESTS* TESTS l Base Fee(per order)$ $295.00 $395.00 $595.00 $995.00 $350.00 1-100 Candidates(per candidate) $9.00 $12.00 $14.00 $15.00 I $10.00 101-500 Candidates(per candidate) $8.50 $11.00 $13.00 $14.00 $9.50 1501+Candidates(per candidate) $8.00 $10.00 $12.00 $13.00 $9.00 I New Item Writing/Entry N/A N/A N/A $35 per item N/A I Pick Up/Handling 5% 5% 5% 5% 5% I Standard Shipping/Handling" 10% 10% 10% 10% 10% I Expedited Shipping/Handling** 15% 15% 15% 15% 15% Premium Shipping/Handling" 20% 20% 20% 20% 20% Shipping outside contiguous U.S. CALL FOR DETAILS Entry Law/Fire Candidate Preparation Manuals Structured interview Packages **Now available Online'" Quantity Per Booklet/Candidate Fee Base Fee: $595.00 10-1000 $3.00 Per Candidate Fee: 1001+Call for volume discount details 1-500 $7.50 II *CPS HR will apply a credit of$35.00 for each fully paid UNOPENED packaae of Stock Exams of test booklets on theII current STOCK test order. I ""Standard shipping applies to orders placed at least 10 business days prior to test date Expedited shipping applies to I orders placed less than 10 business days prior to test date. Orders placed 3 or less than business days prior to the test date will be charged at the premium shipping rate. I $Base fee includes the following at no additional charge:Proctor's Manual, Scoring Manual,CPS HR Scoring,CPS HR I answer sheets and a scoring report. SPECIAL SERVICES Stock Supplements j $2.00 per book when ordered with a Stock test Writing Proficiency Exam $350.00 Base Fee+$15.00 per candidate(Professional Scoring included) ( I Scoring Keys Available at no additional charge I Re-Scoring/Hand-Scoring of Answer Sheet $30.00(Requested directly by Agency) I 1 Non-specified special services I CALL FOR DETAILS(Billed at applicable hourly rate) Test Rental Contact Information: I CPS HR Consulting Attn: Test Rental Division 2450 Del Paso Rd., Ste.220,Sacramento CA 9583411 Telephone: 916.263.1800/Toll Free 866.867.5272 I Fax: 916.921.6240/ E-mail:testrentaIt cpshr.us I 2020-2022 CPS HR—TR 2 Year Agreement City of Central Point Exhibit C Spanish Language Proficiency Test Rental Division Rates Effective March 25, 2009 —Subject to Change 1 WRITTEN TEST ORAL TEST Base Fee(per order) I $295.00 $295.00 **Per Booklet Fee $9.00 N/A I ***Per Tape Scoring Fee N/A $120.00 Expedited Shipping *20% *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 books ordered ***Billed for the number rated JSPECIAL SERVICES Faxing/Emailing Test Results I Available at no additional charge Hand Scoring $30.00 Proctoring Services Call for details/quote ISLPP Extended Use Program Call for details I 2020-2022 CPS HR-TR 2 Year Agreement Exhibit D CPS HR On-line Skills Test Pricing Schedule Effective August 2015—Subject to Change Online Skills Test Pricing I Single- I Two-Subject I Each Additional Schedule' Subject Test Test Subject 1 - 25 Candidates(per candidate) I $20.00 I $30.00 I $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 Access 2007 or 2010 =I Excel 2007 or 2010 I Word 2007 or 2010 Advanced Skills I Advanced Skills I Advanced Skills I Basic Skills I Basic Skills I Basic Skills Standard I Standard I Standard PowerPoint 2007 or 2010 I Windows XP I Digital Literacy 2008 Advanced Skills I Advanced Skills I Computing Basic Skills I Basic Skills I Internet I Standard I Standard 1 Software Skills Other Exams Basic Computer Literacy I Typing Test Excel Functions I Ten Key Test I Publisher 2003-Standard I Data Entry Test-Numeric Outlook 2007 or 2010-Standard I Data Entry Test Alphanumeric I 2020-2022 CPS HR—TR 2 Year Agreement