HomeMy WebLinkAboutAGMT - Cooperative Personnel Services CPS HR 423231 CONSULTING
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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 FIR") 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
B. Ownership of CPS HR Tests. HR stock tests and other stock test materials
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
any,shall be governed by a separate Agreement (a) Test Rental Division and SLPP:
between CPS HR and Client. (I) To insure 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
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 accoss to the material,all Instructions for administering the test,
users must sign this Agreement and agree to fulfil 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 insure 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 hi) Client recognizes that CPS HR has no
modification to or reverse engineering of the testing control over the functioning of the intereet,
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 opor,
-1 - Client Initials •
2012-2014 CPS HR—Test Rental 2 Year Agreement
City of Seal Beach
3. After the test date. H. Client Responsibilities.
(a) Test Rental Division and SLPP: 1. Client shall perform all parts of the testing process
(I) Within 10 business days of the test date, which are not performed by CPS HR. Client has the
Client shall return to CPS HR all Test responsibility for assuring that the testing process
Materials including all materials provided by performed by Client conforms to any applicable laws,
CPS HR for the test administration. rules or ordinances,and for the test as a whole.
Oh Client shall not reuse printed tests on the Selection Procedures,the Client as test user is
Under the federal Uniform Guidelines on Employee
(i
test date not
on any other date but shall
return Test Materials to CPS HR,whether responsible for the results of the selection process,
and Client understands and acknowledges that it
or not the test was administered. must be prepared to demonstrate that the process is
(b) On-line Testing: valid and meets other testing standards if it adversely
(i) After the scheduled test date(s),CPS HR affects groups protected by fair employment laws.
will suspend access to the on-line test site. 2. Client is responsible for insuring that all persons who
(ii) Within 10 business days of the test date, handle or have access to Test Materials in any
Client shall destroy all CPS HR Test capacity for Client shall do so in compliance with this •
Materials including scratch paper and note Agreement,and are trained to handle Test Materials
paper in a way that make the materials and administer tests before they do so.
unrecoverable. I. Legal Proceedings Involving Test Materials.
F. Billing,Pricing,and Payment. 1. It Client receives notice of any administrative or court
1. CPS HR shall bill Client at the billing address proceeding involving a CPS HR test,or a request for
provided in Exhibit A,unless notified in writing of a disclosure of Test Materials,such as a subpoena,or
new billing address. a public records or freedom of information request,
2. The bill shall be derived from the most current Client shall notify CPS HR of such request
applicable Rate Sheet(s):Exhibit B for Test Rental, immediately and well before a response is due.
Exhibit C for SLPP,and Exhibits D and E for On-line 2. Upon CPS HR request,Client shall maintain the
Testing.Client acknowledges and understands that confidentiality of the Test Materials pending the grant
the Test Price List(s)are only effective as of the date or denial of a protective order or the decision of a
shown each of them and am subject to change. court or administrative body as to whether the
3. Client shall be billed for any work done on a canceled requested Test Materials must be disclosed under
or postponed test up to the time CPS HR is notified the applicable public records statute.
of such cancellation or postponement. Under certain 3. Client shall cooperate with CPS HR in seeking any
circumstances,and in CPS HR's sole discretion, relief necessary to maintain the confidentiality of the
credit may be given for work already performed If the • Test Materials.
test is rescheduled. 4. Client shall indemnify and hold CPS HR harmless
4. CPS HR may charge Client for lost or compromised from and against any and all claims,costs,damages,
tests if Test Materials are not timely returned. losses,liabilities and expenses(Including reasonable
5. Client agrees to and shall pay all invoices within thirty attomey fees and costs)arising out of or in
(30)days of receipt of invoice. connection with administration of a test,or with
maintaining confidentiality of Test Materials.
G. Candidate Inspections
J. Term and Termination of Agreement.
1. Test Materials. 1. Term. This Agreement is effective beginning the
CANDIDATE INSPECTION OF TEST MATERIALS date it is signed by both parties and continuing for
SHALL NOT BE ALLOWED EXCEPT IN CASE OF two years thereafter unless earlier terminated by
ANSWER SHEETS AS DESCRIBED BELOW either party as stated below.
2, Answer Sheets. 2. Immediate Termination upon Material Breach. Either
(a) If a candidate files a protest regarding the party may terminate this Agreement immediately
scoring of his or her test,inspection of a upon any material breach by the other party. For
candidate's own answer sheet(s)for the purposes of this Agreement,but without limiting the
purpose of detecting whether any clerical or meaning of material breach,any breach of the test
other error has been made in the scoring of the security provisions, however minor,shall be
answer sheets shall be allowed,upon request considered a material breach. Client understands
by the Client,for a 10-business-day period and acknowledges that immediate termination by
immediately following the notification to the CPS HR may result in the withholding or recall of
candidate of test results. Test Materials.
(b) Candidates are not allowed to review the 3. Termination Without Cause. CPS HR and Client may
question booklet during this inspection period. terminate the Agreement without cause upon thirty
(c) Not more than one hour will normally be days written notice to the other party.allowed for answer sheet(s)review. A 4. Return of Test Materials. Upon termination of the .
representative of Client's Personnel or Agreement,Client shall immediately return to CPS
Administrative office shall be present to assure HR any Test Materials that It possesses.
that no changes or marks of any kind are made
by the candidate on the answer sheet(s)or
keyed answer sheet. (�
-2- Client Initials 1ud
2012—2014 CPS HR—Test Rental 2 Year Agreement
City of Seal Beach
K. Miscellaneous. Agreement shall in no manner affect its right to
1. Notices. Any notice to the parties required or enforce such provision at a later time. Nor shall the
permitted under this Agreement shall be given in waiver by either party of a breach of any provision of
writing and shall be sent to Client at the address this Agreement be taken or held to be a waiver of the
provided for the Principal Signer and to CPS HR at provision itself. No waiver shall be enforceable
241 Lathrop Way,Sacramento,CA 95815. unless made in writing and signed by the party
granting the waiver.
2. Dispute Resolution;Remedies.
5. Entire Agreement; Modifications. This Agreement
(a) In the event of a dispute,the parties may agree constitutes the entire Agreement between the parties
to pursue mediation or either binding or regarding the subject matter hereof and supersedes
nonbinding arbitration to resolve their dispute, all other Agreements,representations and
under such rules as the parties may agree. warranties. All modifications and supplements to this
(b) If either CPS HR or Client determines to file a Agreement must be in writing and signed by both
judicial action,then,in addition to any other parties.
remedies available at law or in equity to the 6. Counterparts;Facsimile Signature;Electronic
parties for breach of this Agreement,Client Signature. This Agreement may be executed in any
acknowledges that breach of this Agreement number of counterparts. If this Agreement or any
may result in irreparable harm to CPS HR for counterpart is signed and then faxed or e-mailed by
which damages would be an inadequate PDF or otherwise,the faxed or e-mailed copy bearing
remedy and,therefore,in the event of a the signature shall be as good as the original wet-ink
breach,in addition to its rights and remedies signed copy for all intents and purposes.
otherwise available by law,CPS HR shall be
entitled to seek equitable relief, including 7. Interpretation;Jurisdiction.This Agreement shall
injunction. be interpreted and enforcedunder the laws of the
3. Attorneys Fees, If any legal action or arbitration or State of California and jurisdiction shall be in
other proceeding is brought to enforce or construe Sacramento County,California.The Agreement shall
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
prevailing party shall be entitled to recover 8. Authority to Sign. The person signing this
reasonable attorneys fees and other costs incurred in Agreement on behalf of the Client(the Principal
that action,arbitration or proceeding in addition to Signer)represents that he or she is the head of the
any other relief to which it may be entitled. agency or is otherwise duly authorized to sign this
4. Waiver. The failure of any party at any time or times Agreement and to bind the Client.
to require performance of any provisions of this •
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 insure all individuals handling and/or administering tests are properly trained.
Cooperative Personnel Services dba Client
CPS HR Consulting,
• A California Joint Powers Authority /} (�J f (/
By: By " _
Authorized Signature Authorized Signature
Name: Vicki Quintero Brashear Name: Patrick Gallegos
Title: Test Rental Program Manager Title:
Administrative Manager
Date: Email: paleegos@sealbeachca.gov
Date: April 2, 2012
-3- Client Initials \"`
2012—2014 CPS HR—Test Rental 2 Year Agreement
City of Seal Beach
•
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 Sign fvr
Nancy Ralsten,Management Analyst /' '����(�//�
E-mail Address Phone Number
nralsten @soalbeachca.gov (562)431-2527 x1301 -
Name,Title Sig u ` '
Patrick Gallegos,Administrative ManagerZ,(y-_,. 1/
E-mail Address Phone Number
pgallegos @sealbeachca.gov (562)431-2527 x1308
Name,Title Signature
E-mail Address Phone Number
Name,Title Signature
E-mail Address Phone Number
Name,Title Signature
E-mail Address Phone Number
Name,Title Signature
E-mail Address Phone Number
II. Billing Contact
Contact Name and Title Signature Date Date
Nancy Ralsten, Management Analyst �i2 CJ /lam o Y - z '-t 7--
Agency
City of Seal Beach
Street Address,City,State,Zip
211 8th Street, Seal Beach, CA 90740
E-Mail Phone Number Fax Number
nralsten @sealbeachca.gov (562) 431-2527 x1301 (562) 493-9857
Ill. Physical Address
•
Agency/Department Name
City of Seal Beach/Human Resources
Street Address,City,State,Zip
211 8th Street, Seal Beach, CA 90740
•
2012—2014 CPS HR—Test Rental 2 Year Agreement
City of Seal Beach
Exhibit B
CPS HR Test Rental Division Rates (Effective March 25, 2009—Subject to Change)
STOCK. MODULAR ,SEMI-STOCK:' CUSTOM``- ' AGENCY,.)
TESTS`•` TESTS • ;ITESTS:., :; TESTS`:'• '•-TESTS'
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 $10.00
101-500 Candidates(per candidate) $8.50 $11.00 $13.00 $14.00 $9.50
501+Candidates(per candidate) $8.00 $10.00 $12.00 $13.00 $9.00
New Item Writing/Entry N/A N/A N/A $35 per item N/A
Pick Up/Handling 5% 5% 5% 5% 5%
Standard Shipping/Handling'* 10% 10% 10% 10% 10%
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
*CPS HR will apply a credit of$35.00 for each fully paid UNOPENED package of Stock Exams of test booklets 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. Orders placed less than 3 business days prior to the test
date will be charged at the premium shipping rate.
Semi-Stock, Modular and Custom Tests require Job Analysis Workbooks or Job Specifications
$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,
SPECIAL SERVICES
Stock Supplements $2.00 per book when ordered with a Stock test
Writing Proficiency Exam $350.00 Base Fee+$15.00 per candidate(Professional Scoring included)
Scoring Keys and Scoring Overlays $10.00 per key or overlay
Faxing/Emailing of Test Results Available at no additional charge
Re-Scoring/Hand-Scoring of Answer Sheet $30.00(Requested directly by Agency)
Non-specified special services 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(5�cps.ca.gov
2012—2014 CPS HR—Test Rental 2 Year Agreement
City of Seal Beach
Exhibit C
Spanish Language Proficiency Test Rental Division Rates
Effective March 25, 2009 --Subject to Change
WRITTEN TEST ORAL TEST,`' ;
Base Fee (per order) $295.00 $295.00
**Per Booklet Fee $9.00 N/A
***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
SPECIAL SERVICES
Faxing/Emailing Test Results Available at no additional charge
Hand Scoring $30.00
Proctoring Services Call for details/quote
SLPP Extended Use Program Call for details
'"�� s,1�.2 Va� E T" a- s e i '�+
3 '+ •]114 w-: . t .. >
�_ i ��_� ,,� �Charges for=.Cancellations,and:L*'ost.or'Co�npromtsed.Tests�=t e �„ ,.e. �,
Minimum cancellation charge once a SLPP order is shipped is $200.00.
For each lost written test, there will be a base charge of$10,000. For each additional copy (test) of
the same test that is lost, there will be a $75 charge with a maximum total charge of$20,000.
For each lost oral test, there will be a base charge of$15,000. For each additional copy (test) of the
same test that is lost, there will be a $75 charge with a maximum total charge of$20,000.
2012—2014 CPS HR—Test Rental 2 Year Agreement
City of Seal Beach
Exhibit D
CPS HR On-line Testing Rates
Effective January 1, 2010—Subject to Change
Annual Base Fee $175.00
Fees for on-line testing in a true tiered scheduled**:
1- 25 Candidates(per candidate) $25.00
26-75 Candidates(per candidate) $22.50
76+ Candidates(per candidate) $20.00
Non-specified special services—Call for Details
**Note:Tests are considered consumed if test identification is submitted to the system.
•
•
•
2012—2014 CPS HR—Test Rental 2 Year Agreement City of Seal Beach •
Exhibit E
CPS HR On-line Skills Test Pricing Schedule
Effective January 1, 2010—Subject to Change
,,;,kOnline/Skills Test'Pricing Schedule . Fee Per Test**' ;,
1 - 25 Candidates(per candidate) $20.00
26 -100 Candidates(per candidate) $18.00
101 -250 Candidates(per candidate) $17.00
251 -1,000 Candidates(per candidate) $15.00
1,001 -2500 Candidates(per candidate) $10.00
2,500+Candidates(per candidate) $8.00
**When multiple tests are combined into a test battery each test is charged separately.
k� A l 1. i 'A i gr2Ao J.
xACCess 2003 or 2007 Excel X003 0_ "20071 r "Tale t scout* 2003 or�2007 '
Advanced Skills Advanced Skills Standard
Basic Skills Basic Skills Power User
**Includes Word, Excel, and
Standard Standard PowerPoint
PowerPoint 2003 or 2007, r Word 2003 or 2007 Digital Literacy 20081:
Advanced Skills Advanced Skills Computing
Basic Skills Basic Skills Internet
Standard Standard Software Skills
- Windows XP` Other Exams
Advanced Skills Basic Computer Literacy Typing Test
Basic Skills Excel Functions Ten Key Test
Standard Internet Literacy(with Explorer) Data Entry Test-Numeric
Outlook 2003 or 2007-Standard Data Entry Test-Alphanumeric
Publisher 2003-Standard
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(c cps.ca.gov
2012—2014 CPS HR—Test Rental 2 Year Agreement City of Seal Beach
• • SEA
8ti� $ ?t
� A nnuaitRenewaf
Exhibit A
I. Principal Signer By signing below, I represent the below -named person(s) is (are) authorized to handle CPS Test Materials on
Clients behalf and shall handle the CPS Test Materials in accordance with the terms of the CPS Test Rental Agreement currently in effect.
1�I Vzo (MAMA/ C3 it/W d �- 0 i t /V /Or
Name and itle / Signature Date
C of crAL (7e00
Agency
p (0101Qc; Seed- grAck. co, it‘ l ( Phone Number Fax Number
- ZS7/ ,v1 rrbZ)iIt l s
E -Mail ((LL 77 (J�I1�Y�C�. -RA one Num
Street Address, State, Zip
Nat (A 71
II. Additional Signees
Name, Title E -mail Address
At. I 7f , j I il ' e , — N -
III. Billing Contact
1 e 3.7E t .c,.. cC -a- ft 1
Name and Title Signature
Cz-r 1 0 F- g gr cN
Agency
Atte e ct_ Qetc.h -Cot ti S (SOLO — 2srt 1301
E -Mail Phone Number Fax Number
Street A ddr ITO sigeo `� Ro4H J C 1 Vito
COOPERATIVE PERSONNEL SERVICES DBA CPS HUMAN RESOURCE SERVICES, A CALIFORNIA JOINT POWERS AUTHORITY
Matt Gruver
Senior Manager
S fr _ _ _
Date
COPY
Please keep for your records
• •
.St )
Human Resource Services
TEST RENTAL AGREEMENT
This Test Rental Agreement (Agreement) is by and between 3. Return of Test Materials Within two weeks of the test
Cooperative Personnel Services, dba CPS Human Resource date, Client shall return to CPS all Test Materials including
Services, a Califomia joint powers authority (CPS), with all materials provided by CPS for the test administration, all
offices at 241 Lathrop Way Sacramento, CA 95815 and the used and unused test booklets, proctors instructions,
Agency named in the signature block at the end of this proctors manuals, scoring instructions, key sheets, key
Agreement (Agency, hereafter referred to as Client), and is overlays, keyed booklets, scoring keys, instructions, and any
effective as of the date it is signed by both parties. other materials generated at the test administration, such as
completed answer sheets (if applicable), scratch paper, note
A. Purpose. This agreement defines CPS test rental and paper and the like.
security policies and procedures. CPS test rental
security standards are designed to protect the mutual 4. No Re -Use of Test Materials. Client shall not reuse the
interests of all Clients that use test materials, as well tests on the Test Date or on any other date but shall return
as the interests of applicants who take CPS tests. In Test Materials to CPS within two weeks of the Test Date,
order that no person may gain special advantage by whether or not the test was administered.
having improper access to the material, CPS requires
that all users sign this agreement and fulfill its terms. 5. Pricing, In consideration of CPS' performance of the
testing services set forth in Exhibit B of this Agreement,
B. Ownership of CPS Tests. Client understands and Client agrees to pay CPS in accordance with the Written
acknowledges that CPS owns all rights, title and Test Price List in effect at the time of the rental
interest, including copyrights, in all CPS Tests, arrangements. Client acknowledges and understands that
including stock, semi - stock, custom, and semi - custom the prices set forth in Exhibit B are only effective as of the
tests. All CPS Tests that are provided under this date shown on Exhibit B and are subject to change. CPS
Agreement are the property of CPS and shall remain shall bill Client at the billing address provided in Exhibit A,
the property of CPS, even while in the custody of attached hereto.
Client. Additionally, semi -stock and semi - custom tests
that have been constructed based on information Client shall be billed for any work done on a canceled or
provided by the client shall not be considered works postponed test up to the time CPS is notified of such
made for hire, as that term is defined under U.S. cancellation or postponement according to the prices in
Copyright Law. CPS shall own all rights, title and Exhibit B. Under certain circumstances, and in CPS' sole
interest, including the copyright, in any test it creates discretion, credit may be given for work already performed if
for the Client. Therefore, Client shall only be allowed the test is rescheduled.
to use such tests in accordance with the terms of this
Agreement. Ownership of individual test questions 6. No Routine Candidate Test Materials Inspection. NO
supplied by Client, if any, shall be governed by a CANDIDATE INSPECTION SHALL BE ALLOWED OF TEST
separate agreement between CPS and Client. MATERIALS
C. Test Review, Ordering and Administration. 7. Candidate Answer Sheet(s) Inspection. If a candidate
files a protest regarding the scoring of his or her test,
1. Review Copies. Client will be allowed to review inspection of a candidate's own answer sheet(s) for the
CPS stock tests and other stock test materials (e.g., purpose of detecting whether any clerical or other error has
stock supplements, structured interview packages, and been made in the scoring of the answer sheets shall be
specialized item sets) free of charge. Client allowed, upon request by the Client, for a 1D-business-day
understands and acknowledges that the confidentiality period immediately following the notification to the candidate
of all Review Copies that CPS supplies is crucial to the of test results.
continued usefulness of such materials. Therefore,
Client shall be responsible for the security of all Candidates are not allowed to review the question booklet
Review Copies and shall hold and store the Review during this inspection period.
Copies in a manner that will prevent loss and /or
unauthorized access. Client is under no obligation to Not more than one hour will normally be allowed for answer
purchase exams after review. Client shall not sheet(s) review. A representative of Clients Personnel or
reproduce any portion of a Review Copy under any Administrative office shall be present to assure that no
circumstances. changes or marks of any kind are made by the candidate on
the answer sheet(s) or keyed answer sheet.
2. Ordering Testing Materials and Scheduling of
Examinations. At least 10- business -days prior to the 8. Payment of Charges. Client will compensate CPS for
test date, Client shall notify CPS of the total number of Services by paying certain fees as set forth in Exhibit B.
candidates in each job classification to be tested. If Client will pay all invoices within thirty (30) days from receipt
orders placed less than 10- business -days prior to the of invoice.
test date are processed, additional charges will apply.
Client shall rent one test booklet per candidate to be 9, Late Payment. Any invoices not paid within thirty (30)
tested. CPS shall provide Client with Test Materials days may incur a service charge of the lesser of Iwo percent
including instructions for administering the test, (2 %) or the maximum allowable by law per month on any
sufficient test booklets and any other material CPS outstanding overdue balances. In addition, collection costs
deems necessary. may be added to any invoice not paid within ninety (90) days.
• •
D. Client Responsibilities and Indemnification. 3. Termination Without Cause. CPS and Client may
terminate the Agreement without cause upon thirty days
1. Client shall perform all parts of the testing written notice to the other party.
process which are not performed by CPS. Client
has the responsibility for assuring that the testing 4. Return of Test Materials. Upon termination of the
process performed by Client conforms to any Agreement, Client shall immediately return to CPS any Test
applicable laws, rules or ordinances, and for the test Materials that it possesses.
as a whole. Under the federal Uniform Guidelines on
Employee Selection Procedures, the Client as test G. Miscellaneous.
user is responsible for the results of the selection
process, and Client understands and acknowledges 1. Notices. Any notice to the parties required or
that it must be prepared to demonstrate that the permitted under this Agreement shall be given in writing and
process is valid and meets other testing standards if it shall be sent to the persons at 241 Lathrop Way,
adversely affects groups protected by fair employment Sacramento, CA 95615.
laws.
2 . Dispute Resolution; Remedies. (A) In the event of a
2. Client is responsible for insuring that all persons dispute, the parties may agree to pursue mediation or either
who handle Test Materials in any capacity for Client binding or nonbinding arbitration to resolve their dispute,
shall do so in compliance with this Agreement. under such rules as the parties may agree.
3. Subject to any applicable state Tort Claims Act, (B) If either CPS or Client determines to file a judicial action,
Client shall be responsible for any damage or any third then, in addition to any other remedies available at law or in
party liability which may arise from the administration equity to the parties for breach of this Agreement, Client
of a test to the extent of liability arising out of the acknowledges that breach of this Agreement may result in
negligence of Client. irreparable harm to CPS for which damages would be an
inadequate remedy and, therefore, in the event of a breach,
E. Security of Testing Materials. in addition to its rights and remedies otherwise available by
law, CPS shall be entitled to seek equitable relief, including
1. Test Security. Client understands and injunction.
acknowledges that the confidentiality of all Test
Materials that CPS supplies is crucial to the continued 3. Attorneys Fees. If any legal action or arbitration or other
usefulness of such Test Materials. Therefore, Client proceeding is brought to enforce or construe the term of this
shall be responsible for the security of all Test Agreement or because of an alleged dispute, breach or
Materials and shall hold and store the Test Materials in default in connection with any provision of this Agreement,
a manner that will prevent loss and /or unauthorized the successful or prevailing party shall be entitled to recover
access. In addition, Client shall not reproduce test reasonable attorneys fees and other costs incurred in that
booklets or test questions under any action, arbitration or proceeding in addition to any other relief
circumstances. to which it may be entitled.
2. Legal Proceedings Involving Test Materials. If 4. Waiver. The failure of any party at any time or times to
Client receives a request for disclosure of Test require performance of any provisions of this Agreement
Materials, such as a subpoena, or a public records or shall in no manner affect its right to enforce such provision at
freedom of information request, Client shall notify CPS a later time. Nor shall the waiver by either party of a breach
of such request immediately and well before a of any provision of this Agreement be taken or held to be a
response is due. Upon CPS request, Client shall waiver
maintain the confidentiality of the Test Materials of the provision itself. No waiver shall be enforceable unless
pending the grant or denial of a protective order or the made in writing and signed by the party granting the waiver.
decision of a court or administrative body as to
whether the requested Test materials must be 5. Entire Agreement; Modifications. This Agreement
disclosed under the applicable public records statute. constitutes the entire agreement between the parties
Client shall cooperate with CPS in seeking any relief regarding the subject matter hereof and supersedes all other
necessary to maintain the confidentiality of the testing agreements, representations and warranties. All
materials. CPS shall defend, indemnify and hold Client modifications and supplements to this Agreement must be in
harmless from any claim or administrative appeal, writing and signed by both parties.
including costs, expenses, and.any attorney fees,
related to CPS pursuing protection of the Test 6. Counterparts; Facsimile Signature; Electronic
Materials from disclosure. Signature. This Agreement may be executed in any number
of counterparts. If this Agreement or any counterpart is
F. Term and Termination of Agreement. signed and then faxed or e-rnailed by PDF or otherwise, the
faxed or e- mailed copy bearing the signature shall be as
1. Term. The term of this Agreement is one year from good as the original, wet -ink signed copy for all intents and
its Effective Date. purposes.
2. Immediate Termination upon Material Breach. 7. Authority to Sign. The person signing this Agreement
Either party may terminate this Agreement immediately on behalf of the Client (the Principal Signer) represents that
upon any material breach by the other party. For he or she is the head of the agency or is otherwise duly
purposes of this Agreement, but without limiting the authorized to sign this Agreement and to bind the Client.
meaning of material breach, any breach of the test
security provisions, however minor, shall be
considered a material breach. Client understands and
acknowledges that immediate termination by CPS may
result in the withholding or recall of Test Materials.
2
• •
Exhibit B
CPS Test Services Rates(Effective July 1,2006)
NOTE: Prices are Subject To Change
rSTOCKTESTS SEMI-STOCK SEMI-CUSTOM :T
AGENCYESTS
3 ,� r - • .TEST** TESTS" x'3` .+att4
Base Fee(per order) $295.00 $415.00 $850.00 $415.00
1 -100 Candidates(per candidate) $8.50 $13.00 $14.50 $10.00
101 -500 Candidates(per candidate) $8.00 $12.00 $13.50 $9.50
501+Candidates (per candidate) $7.50 $11.00 $12.50 $9.00
Cancellation Fee $300.00 $300.00 $300.00 $300.00
Pick Up/Handling 5% 5% 5% 5%
Standard Shipping/Handling"" 10% 10% 10% 10%
Expedited Shipping/Handling"' 15% 15% 15% 15%
Canadian Shipping 2-Day 15% 15% 15% 15%
Canadian Shipping Overnight 20% 20% 20% 20%
Entry Law/Fire Candidate Preparation Manuals Structured Interview Packages
Quantity Per Booklet/Candidate Fee Base Fee: $400.00
10-1000 $3.00 Per Candidate Fee:
1001+ $2.00 $5.00 if used with a CPS written test
$7.50 if used without a CPS written lest
Stock tests are prepackaged and are available only in packages of ten. CPS will apply a credit of$35.00 for each fully paid
UNOPENED package of test booklets current STOCK test order. Clients with 49 candidates or less are billed at the number
ordered or the number actually tested,whichever is greater.
" ALL REQUIRE JOB ANALYSIS WORKBOOKS
***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 the test date. (Please note that an additional 5%fee will be charged to
test orders placed less than 3 days prior to the test date.)
SPECIAL SERVICES
Stock Supplements $2.00 per book when ordered with a Stock test
Writing Proficiency Exam $350.00 Base Fee+$ 15.00 per candidate(Professional Scoring included)
Custom Supplement $ 100.00 Base Fee+$5.00 per booklet when used with CPS tests
Cover Change of Stock or Agency Test $ 100.00+$.50 per book
Scoring Services(Non-CPS Tests) $75.00 plus$ 1.00 per candidate
Scoring Keys and Scoring Overlays $ 10.00 per key or overlay
Faxing/Emailing of Test Results $20.00/$30.00
Re-Scoring/Hand-Scoring of Answer Sheet $25.00(Requested directly by Agency,payable by money order only)
Non-specified special services CALL FOR DETAILS(Billed at applicable hourly rate)
• •
CPS TEST SERVICES RATES
(Effective January 1, 2008)
NOTE: Prices are Subject To Change
STOCKTES S SEMI-STOCK CUSTOM TESTS" AGENCY:ESTfl.
-g 2112, / TEST"
Base Fee(per order) $295.00 $595.00 $995.00 $395.00
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
Cancellation Fee $300.00 $300.00 $300.00 $300.00
Pick Up/Handling 5% 5% 5% 5%
Standard Shipping/Handling"' 10% 10% 10% 10%
Expedited Shipping/Handling"' 15% 15% 15% 15%
Premium Shipping/Handling"' 20% 20% 20% 20%
Shipping outside contiguous U.S. CALL FOR DETAILS
Entry Law/Fire Candidate Preparation Manuals Structured Interview Packages
Quantity Per Booklet/Candidate Fee Base Fee: $400.00
10-1000 $3.00 Per Candidate Fee:
1001+ $2.00 $5.00 if used with a CPS written test
$7.50 if used without a CPS written test
`Stock tests are prepackaged and are available only in packages of ten. CPS will apply a credit of$35.00 for each fully
paid UNOPENED package of test booklets on the current STOCK test order. Clients with 49 candidates or less are
billed at the number ordered or the number actually tested,whichever is greater.
**ALL REQUIRE JOB ANALYSIS WORKBOOKS
***For stock and agency exams: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. Orders placed less than 3
business days prior to the test date will be charged at the premium shipping rate.
"`For semi-stock and custom exams:standard shipping applies to orders placed at least 15 days prior to test date.
Expedited shipping applies to orders placed less than 15 business days prior to test date. Orders placed less than 5
business days prior to the test date will be charged at the premium shipping rate.
SPECIAL SERVICES
Stock Supplements $2.00 per book when ordered with a Stock test
Writing Proficiency Exam $350.00 Base Fee+$ 15.00 per candidate(Professional Scoring
included)
Cover Change of Stock or Agency Test $100.00+$.50 per book
Scoring Keys and Scoring Overlays $10.00 per key or overlay
Faxing/Emailing of Test Results $20.00/$30.00
Re-Scoring/Hand-Scoring of Answer Sheet $25.00(Requested directly by Agency)
Non-specified special services CALL FOR DETAILS(Billed at applicable hourly rate)