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HomeMy WebLinkAboutCooperative Personnel Services dba CPS HR Consulting - 2012-10-24TEST 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 part, 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 2012 - 2014 CPS HR — Test Rental 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 stock tests and other stock test materials free of charge (e.g., stock supplements, structured 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) On-line 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: (i) To insure 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 apply and timely delivery cannot be guaranteed. (ii) Clientshall 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 insure 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 internet, and any problems with on-line testing due to the failure thereof are not attributable to CPS HR. �L- 1 - Client Initials City of Huntington 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. (ii) Client shall not reuse printed tests on the Under the federal Uniform Guidelines on Employee Selection Procedures, the Client as test user is test date of any other date but shall responsible for the results of the selection process, return Test Materials to CPS HR, whether 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. If 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 are 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 attorney fees and costs) arising out of or in connection with administration of a test, or with (30) days of receipt of invoice. 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 2012 — 2014 CPS HR — Test Rental 2 Year Agreement City of Huntington Beach 0r 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) If either CPS HR or Client determines to file a judicial action, then, In addition to any other remedies available at law or in equity to the parties for breach of this Agreement, Client acknowledges that breach of this Agreement may result in Irreparable hann to CPS MR 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 KR 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 term 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 Jo 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. 6. 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. G. 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 faxed or e-matled 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. 8. = Authority to Sign. The person signing this ..Agreement on behalf of the Client (the Principal Si gner) 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 istare 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 M[Hnsure all.indviduals handling and/or administering tests_are properly trained. Cooperative Personnel-Services-dba CPS HR Consulting, A California Joint Powers Authority By: Authorized Signature Name: Vicki Quintero Brashear Title: Test Rental Program Manager Date: October 26, 2012 2012 — 2014 CPS HR — Test Rental 2 Year Agreement `Client Michele S. Warren Title: Director of Human Resources Email: miChele.warren@surfcity-hb.org Date: October 24, 2012 _ 3 _ Client Ionia City of Huntington Beach 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) If either CPS HR or Client determines to file a judicial action, then, in addition to any other remedies available at law or in equity to the parties for breach of this Agreement, 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 term 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. 6. 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 faxed 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. 8. 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 duly 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 insure all.individuals handling and/or administering tests are properly trained. Cooperative Personnel Services dba CPS HR Consulting, A California Joint Powers Authority IS Authorized Signature Name: Vicki Quintero Brashear Title: Test Rental Program Manager Date: 2012 — 2014 CPS HR — Test Rental 2 Year Agreement Director of Human Resources Email: michele.warren@surfcity-hb.org Date: October 24, 2012 - 3 - Client Initials City of Huntington 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 Patricia Albers, Personnel Analyst, Senior re %t'cX E-mail Address Phone Number palbers@surfcity-hb.org 714-536-5498 Name, Title Signature,. e Brigitte Charles°` g E-mail Address Phone NurrPer bCharles@surfcity-hb.org 714-53 -5917 Name, Title ig ure JoAnn Diaz E-mail Address P one Number JoAnn.Diaz@surfcity-hb.org 4-374-5359 Name, Title Si ure Sandra Henderson ,� J: � �k_ & E-mail Address one Number shenderson@surfcity-hb.org 714-960-8828 Name, Title Signature Elizabeth Ottenwalder E-mail Address Phone Num r Elizabeth.Ottenwalder@surfcity-hb.org 714-375- 119 Name, Title Signature E-mail Address Phone Number II. Billing Contact Contact Name and Title Signature Date Patricia Albers, Personnel Analyst, Sr. Agency City of Huntington Beach Street Address, City, State, Zip 2000 Main Street Huntington Beach CA 92648 714-536-5498/536-1743 E-Mail Phone Number Fax Number palbers@surfcity-hb.org III. Physical Address Agency / Department Name City of Huntington Beach - Office of Human Resources Street Address, City, State, Zip 2000 Main Street (P.O. Box 190) Huntington Beach CA 92648 2012 — 2014 CPS HR — Test Rental 2 Year Agreement City of Huntington Beach Exhibit A Authorized Representative(s) (use an additional page /fneeded) By signing as an Authorized Representative, I affirm that I will handle all CPS HR Test Materials in accordance with the terns of the CPS HR Test Rental Agreement then in effect. Name, Title re Patricia Albers, Personnel Analyst, Senior E-mail Address phone Number palbers@surfcity-hb.org 714-536-5498 Name, Title Sure , Brigitte Charles E-mail Address Phone u r bCharles@surfcity-hb.org 714-53 -5917 Name, Title ig ure JoAnn Diaz E-mail Address 1134one Number JoAnn.Diaz@surfcity-hb.org 4-374-5359 Name, Title Si ure Sandra Henderson E-mail Address one Number shenderson@surfcity-hb.org 714-960-8828 Name, Title Sig re �- Elizabeth Ottenwalder E-mail Address Phone Num r Elizabeth.Ottenwalder@surfcity-hb.org 714-375- 119 II. Billing Contact Contact Name and Title Signa r Date Patricia Albers, Personnel Analyst, Sr. Agency City of Huntington Beach Street Address, City, State, Zip 2000 Main Street Huntington Beach CA 92648 714-536-5498/536-1743 E-Mail Phone Number Fax Number palbers@surfeity-hb.org III. Physical Address Agency / Department Name City of Huntington Beach - Office of Human Resources Street Address, City, State, Zip 2000 Main Street Huntington Beach CA 92648 2012 - 2014 CPS HR — Test Rental 2 Year Agreement City of Huntington Beach �I Exhibit B CPS HR Test Rental Division Rates (Effective March 25, 2009 — Subject to Change) 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 I Structured Interview Packages Quantity Per Booklet/Candidate Fee Base Fee: $ 595.00 10 - 1000 $ 3.00 Per Candidate Fee: 1001 + Call for volume discount details 1 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. CpFr_iei RFRVICPR 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(a)cps.ca.gov 2012 — 2014 CPS HR — Test Rental 2 Year Agreement City of Huntington Beach Exhibit C Spanish Language Proficiency Test Rental Division Rates Effective March 25, 2009 — Subject to Change 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 Proqram Call for details 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 Huntington Beach WIVINPIWI 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 Huntington Beach y Exhibit E CPS HR On-line Skills Test Pricing Schedule Effective January 1, 2010 — Subject to Change "! �4 _ }s �. f?nitne !c>IIIs;Tescang Schedule Hymn ' F fee Per est* 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 - 2,500 Candidates (per candidate) $10.00 2,500 + Candidates (per candidate) $8.00 "When multiple tests are combined into a test battery each test is charged separately �@ e eCess0Q3 r0t}7 zcel 2003 or 200� � " s NO Tent Scoff.. 200 „ r.. . ..0 Advanced Skills Advanced Skills Standard Basic Skills Basic Skills Power User Standard Standard —Includes Word, Excel, and PowerPoint Powerl'oint 20�ar0 b Word 2003 or }07 ©tgi#a cetera 0$ u0 Advanced Skills Advanced Skills Computing Basic Skills Basic Skills Internet Standard Standard Software Skills �11Q1A�S(i341 her,E s armWNS 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 Ent 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(a)_cps.ca.gov 2012 — 2014 CPS HR — Test Rental 2 Year Agreement City of Huntington Beach