HomeMy WebLinkAboutCPS HR Testing Agreement CPS HR "11k 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
shall remain the property of CPS HR,even while In (b) theSLSpanish CPS LanguageHdoes notPoffer Prroficiency
copies of
the 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
any,shall be governed by a separate Agreement (a) Test Rental Division:
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
tests),and any other materials generated at the test placed less than 10-business-days prior to
administration,such as completed answer sheets(if the test date,rush shipment charges may
applicable),scratch paper,note paper and the like. apply and timely delivery cannot be
guaranteed.
D. Test Security.CPS HR security standards are designed (ii) Client shall rent one test booklet per
to protect the mutual interests of all Clients that use Test
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 includes,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 intemet,
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 breath of test security,
Client agrees to immediately notify CPS HR and
immediately take all steps necessary to preserve
-1 - Client Initials a).1
2022-2024 CPS HR—TR 2 Year Agreement
3. After the test date. (c) Not more than one hour will normally be
(a) Test Rental Division: allowed for answer sheet(s)review. A
(i) Within 10 business days the test date, representative of Client's Personnel or
Y Administrative office shall be present to assure
Client shall return to CPS HR all Test that no changes or marks of any kind are made
Materials including all materials provided by by the candidate on the answer sheet(s)or
CPS HR for the test administration. keyed answer sheet.
(ii) Client shall not reuse printed tests on the
test date or on any other date but shall
return Test Materials to CPS HR,whether H. Client Responsibilities.
or not the test was administered. 1. Client shall perform all parts of the testing process
(b) On-line Testing: which are not performed by CPS HR. Client has the
(i) After the scheduled test date(s),CPS HR responsibility for assuring that the testing process
will suspend access to the on-line test site. performed by Client conforms to any applicable laws,
Pe rules or ordinances,and for the test as a whole.
(ii) Within 10 business days of the test date, Under the federal Uniform Guidelines on Employee
Client shall destroy all CPS HR Test Selection Procedures,the Client as test user is
Materials including scratch paper and note responsible for local validation efforts(e.g.,SME
paper in a way that make the materials review,job analysis studies)and the results of the
unrecoverable. selection process,and Client understands and
F. Billing,Pricing,and Payment. acknowledges that it must be prepared to
demonstrate that the process is valid and meets
1. CPS HR shall bill Client at the billing address
providedother testing standards if it adversely affects groups
in Exhibit A,unless notified in writing of a
protected by fair employment laws.
new billing address.
2. The bill shall be derived from the most current 2. Client is responsible for insuring that all persons who
handle or have access to Test Materials in any
applicable Rate Sheet(s):Exhibit B for Test Rental,
Exhibit C for Special Services,Exhibit D for Online capacity for Client shall do so in compliance with this
Agreement,and are trained to handle Test Materials
Skills,and Exhibit E for Personality.Client
and administer tests before they do so.
acknowledges and understands that the Test Price
List(s)are only effective as of the date shown each of 3. CPS HR retains score reports for 60 days after each
them and are subject to change. test administration date.Test users must maintain
3. Client shall be billed for any work done on a canceled the appropriate documentation of score report
or postponed test up to the time CPS HR is notified information for agency record purposes.
of such cancellation or postponement. Under certain 4. Client is responsible for making determinations
circumstances,and in CPS HR's sole discretion, regarding the merit of candidate appeals.CPS HR
credit may be given for work already performed if the can assist with researching candidate appeals at the
test is rescheduled. specified hourly rate.
4. CPS HR may charge Client for lost or compromised I. Legal Proceedings involving Test Materials.
tests if Test Materials are not returned according to 1. If Client receives notice of any administrative or court
3(a)above. Client shall be liable for the actual cost proceeding involving a CPS HR test,or a request for
associated with the creation of a substantially similar disclosure of Test Materials,such as a subpoena,or
replacement test up to a maximum of$15,000. a public records or freedom of information request,
5. Client agrees to and shall pay all invoices within thirty Client shall notify CPS HR of such request
(30)days of receipt of invoice. immediately and well before a response is due.
6. Credits.For each unopened package of stock exams 2. Upon CPS HR request,Client shall maintain the
that is returned,a$35.00 credit will be generated that confidentiality of the Test Materials pending the grant
can be applied towards the current or future test or denial of a protective order or the decision of a
order.Credit has no cash value and will expire 12 court or administrative body as to whether the
months after the issue date. requested Test Materials must be disclosed under
G. Candidate Inspections the applicable public records statute.
1. Test Materials. 3. Client shall cooperate with CPS HR in seeking any
relief necessary to maintain the confidentiality of the
CANDIDATE INSPECTION OF TEST MATERIALS Test Materials.
SHALL NOT BE ALLOWED EXCEPT IN CASE OF 4. Client shall indemnify and hold CPS HR harmless
ANSWER SHEETS AS DESCRIBED BELOW from and against any and all claims,costs,damages,
2. Answer Sheets. losses,liabilities and expenses(including reasonable
(a) If a candidate files a protest regarding the attorney fees and costs)arising out of or in
scoring of his or her test,inspection of a connection with administration of a test,or with
candidate's own answer sheet(s)for the maintaining confidentiality of Test Materials.
purpose of detecting whether any clerical or J. Term and Termination of Agreement.
other error has been made in the scoring of the 1. Term. This Agreement is effective beginning the
answer sheets shall be allowed,upon request date it is signed by both parties and continuing for
by the Client,for a 10-business-day period two years thereafter unless earlier terminated by
immediately following the notification to the either party as stated below.
candidate of test results.
(b) Candidates are not allowed to review the 2. Immediate Termination upon Material Breach. Either
question booklet during this inspection period. party may terminate this Agreement immediately
-2- Client Initials al..---
2022
i2022—2024 CPS HR—TR 2 Year Agreement
upon any material breach by the other party. For prevailing party shall be entitled to recover
purposes of this Agreement,but without limiting the reasonable attorneys fees and other costs incurred in
meaning of material breach,any breach of the test that action,arbitration or proceeding in addition to
security provisions,however minor,shall be any other relief to which it may be entitled.
considered a material breach. Client understands 4. Waiver. The failure of any party at any time or times
and acknowledges that immediate termination by to require performance of any provisions of this
CPS HR may result in the withholding or recall of Agreement shall in no manner affect its right to
Test Materials. enforce such provision at a later time. Nor shall the
3. Termination Without Cause. CPS HR and Client may waiver by either party of a breach of any provision of
terminate the Agreement without cause upon thirty this Agreement be taken or held to be a waiver of the
days written notice to the other party. provision itself. No waiver shall be enforceable
4. Return of Test Materials. Upon termination of the unless made in writing and signed by the party
Agreement,Client shall immediately return to CPS granting the waiver.
HR any Test Materials that it possesses. 5. Entire Agreement;Modifications. This Agreement
K. Miscellaneous. constitutes the entire Agreement between the parties
1. regarding the subject matter hereof and supersedes
Notices. Any notice to the parties required or
all other Agreements,representations and
permitted under this Agreement shall be given in warranties. All modifications and supplements to this
writing and shall be sent to Client at the address Agreement must be in writing and signed by both
provided for the Principal Signer and to CPS HR at parties
2450 Del Paso Rd.,Ste.160,Sacramento,CA
95834. 6. Counterparts;Facsimile Signature;Electronic
2. Dispute Resolution;Remedies. Signature. This Agreement may be executed in any
number of counterparts. If this Agreement or any
(a) In the event of a dispute,the parties may agree counterpart is signed and then faxed or e-mailed by
to pursue mediation or either binding or PDF or otherwise,the faxed or e-mailed copy bearing
nonbinding arbitration to resolve their dispute, the signature shall be as good as the original wet-ink
under such rules as the parties may agree. signed copy for all intents and purposes.
(b) Client acknowledges that breath of this 7. Interpretation;Jurisdiction.This Agreement shall
Agreement may result in irreparable harm to be interpreted and enforced under the laws of the
CPS HR for which damages would be an State of California and jurisdiction shall be in
inadequate remedy and,therefore,in the event Sacramento County,California.The Agreement shall
of a breach,in addition to its rights and be interpreted in a fair and balanced manner to best
remedies otherwise available by law,CPS HR preserve its intent,and without bias against the
shall be entitled to seek equitable relief, drafter.
including injunction. 8. Authority to Sign. The person signing this
3. Attorneys Fees. If any legal action or arbitration or Agreement on behalf of the Client(the Principal
other proceeding is brought to enforce or construe Signer)represents that he or she is the head of the
the term of this Agreement or because of an alleged agency or is otherwise duly authorized to sign this
dispute,breach or default in connection with any Agreement and to bind the Client.
provision of this Agreement,the successful or
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: By: /t
Authorized Signature A/ut` •
rehorized Signatu (Head of Agency)
Name: Amy Biaone Name: lit 11(`1f) Cku'Fo vi
Title: Test Rental Program Manager Title:__Ci14t,Lfl n SeJC
Date: Email: (;hr ,. Cts kctrak Pa trcf rr►' i°n
Date: 1 -15.
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-3- Client Initials (fC/
2022—2024 CPS HR—TR 2 Year Agreement
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.
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Contact Name and Title
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Street Address,City,State,Zip
E-Mail Phone Number
III. Physical Address
Agency/Department Name
Street Address,City,State,Zip
2022-2024 CPS HR-TR 2 Year Agreement
Exhibit B
CPS HR Test Rental Division Rates
Effective January 2022-Subject to Change
Base Fee(per order)$ $295.00 $595.00 $995.00 $350.00
1-100 Candidates(per candidate) $9.00 $14.00 $15.00 $10.00
101-500 Candidates(per candidate) $8.50 $13.00 $14.00 $9.50
501+Candidates(per candidate) $8.00 $12.00 $13.00 $9.00
New Item Writing/Entry N/A N/A $35 per item N/A
Pick Up/Handling 5% 5% 5% 5%
Standard Shipping/Handling** 10% 10% 10% 10%
Expedited Shipping/Handling" 15% 15% 15% 15%
Shipping outside contiguous U.S. 20% 20% 20% 20%
Entry-Level Law, Entry-Level Fire and Entry-Level Clerical
Candidate Materials (availabe online through Candidate Resource Center)
$3.00 if purchased by dient $10.00 if purchased by client
$5.00 if purchased by candidate $15.00 if purchased by candidate
*CPS HR will apply a credit of$35.00 for each UNOPENED package of Stock Exams of test booklets on the current or
future STOCK test order(see additional terms listed on F.6.).
*"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.
$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.
Online Testing Option for Written Exams*
Administrative Set Up Fee(per order) $95.00 $95.00 $95.00 $95.00
One Time Exam Set Up Fee N/A $595.00 $350.00 $995.00
I Per Candidate Fee $15.00 $15.00 $15.00 $15.00
I Title Change(optional) $25.00 N/A N/A N/A
I Additional Supplement(optional) $50.00 N/A N/A N/A
*The one time set-up fee will be applied for the first online administration of a semi-stock,agency or custom test.
*All exams must be administered in a proctored environment
2022-2024 CPS HR-TR 2 Year Agreement
Exhibit C
CPS HR Special Services
Effective January 2022 -Subject to Change
REMOTE PROCTOR SERVICES
Administrative Set Up Fee(per order) $75.00
1 hour test(per candidate) $22.50 $25.50
I 1—2 hour test(per candidate) $30.00 $33.00
2—3 hour test(per candidate) $38.75 $41.75
I Over 3 hour test(per candidate) $47.50 $50.50
Take it Now Premium Scheduling(Additional Fee as applicable per candidate) $12.00 $12.00
Take It Soon Premium Scheduling(Additional Fee as applicable per $8,00 $8.00
candidate)
Candidate Appeals Support $130 per hour
Cover Change—Stock Exams Only $100 base fee(unopened returned books will NOT qualify for a credit)
Re-Scoring/Hand-Scoring of Answer Sheet $30.00(Requested directly by Agency)
Review Copies(Hardcopies sent via FedEx) $25.00 per order(online review copies are provided at no charge)
Scoring Keys $10.00 per Overlay,Key Sheet provided at no additional cost
Spanish Language Proficiency Oral Exam $295.00 Base Fee+$120 per candidate(Professional Scoring Included)
Stock Supplements $2.00 per book when ordered with a Stock test
Structured Interview Packages $595.00 Base Fee+$15.00 per candidate
Supplemental Orders $25 base fee,candidate count fee,and shipping/handling
Writing Proficiency Exam $350.00 Base Fee+$ 15.00 per candidate(Professional Scoring
included)
CALL FOR DETAILS-Billed at the following rates
Non-specified special Services Consultant Time$130/hour
Technician Time$75/hour
2022—2024 CPS HR—TR 2 Year Agreement
Exhibit D
CPS HR On-line Skills Test Pricing Schedule
Effective January 2022-Subject to Change
ONLINE SKILLS TEST
Administrative Set Up Fee(per order) $95.00
Per Candidate Fee $15.00
2022—2024 CPS HR—TR 2 Year Agreement
Exhibit E
CPS HR On-line Personality Test Pricing Schedule
Effective January 2022 -Subject to Change
PERSONALITY TEST
General Employability Report(if used with stock exam) $7.50
General Employability Report(if used without a stock exam) $10
Advantage Report $15
Express Report $55
Potential Report $155
Challenge Report $155 11
Values Report $155
Leader Basis $205
Leadership Forecast(includes Potential,Challenge and Values reports) $410
Free w
Coaching Report with Leadership
Forecast Report
Test Rental Contact Information:
CPS HR Consulting
Attn:Test Rental Division
2450 Del Paso Rd., Ste. 160, Sacramento CA 95834
Telephone:916.263.1800/Toll Free 866.867.5272
Fax: 916.921.6240/ E-mail: testrentalt cashr.us
2022—2024 CPS HR—TR 2 Year Agreement