CM-2023-256 - 10/27/2023Firefighter Test Materials Terms & Conditions of Lease
Fill-in all information; signature is required. Email all pages to: heidi@fpsi.com (or fax 916.294.4240).
TEST PRODUCT: Firefighter Aptitude & Character Test (FACT), 100 question version.
Subject to the following terms and conditions, Fire & Police Selection, Inc. (FPSD) hereby agrees to lease to the
City of Round Rock, TX (Client) the right to use FPSI’s Entry-Level Firefighter Written Test(s) Materials for
their firefighter examination on October 27, 2023. The contract is effective when signed by both parties and ends
90 business days following administration of the test(s) by the Client unless extended by written consent of both
parties. Under this contract, both parties agree to the following terms and conditions:
L, It is expressly understood that in selling the right to use its test(s), FPSI cannot guarantee compliance with
the civil rights laws or the requirements of federal or state enforcement agencies. Nor does FPSI agree to
stand as surety or otherwise immunize the Client from any civil rights liability that may result from the
Client’s use of the test. FPSI recommends to the Client that a job analysis and validation study would
greatly improve the defensibility of the test(s). FPSI may provide consultation to the Client on a time-and-
charges basis, should its entry-level test be challenged.
2. The right to use FPSI’s Test Materials is leased to the Client for the internal use and benefit of the Client
only. The Client agrees not to sell, rent, lease, give, lend, or otherwise disclose or provide the Test Materials
to any other employer or entity, or use the Test Materials for the benefit of any other employer or entity.
Test materials may not be reproduced or copied without the written permission of FPSI. The Client agrees
not to provide, disclose, or otherwise reveal the Test Materials to any persons except the employees of the
Client directly and necessarily involved in test administration and promotional selections. If compromised in
any capacity, the Client agrees to pay all validation expenses associated with the materials compromised.
3. The Client agrees that neither its officers, agents, employees, representatives, nor any persons in active
concert participation with it or them, shall modify, adapt, or alter the Test Materials in any way, or develop
any identical or similar tests without the prior consent, in writing, of FPSI which shall retain the copyright to
all versions of the Test Materials.
4. The Client is responsible for ordering Test Materials at least 10 business days prior to the required day of
delivery by the client. The Client is responsible for the security of all Test Materials during the lease period.
It is understood by the Client that any security breaches may adversely affect FPSI’s future ability to license
or lease its Test Materials.
a: The Client agrees to have at least two employees count all written Test Materials and Test Booklets upon
receipt of each and to provide FPSI with email, telephone or facsimile notification within 48 hours of receipt
of any discrepancies between the amount FPSI shipped and the amount the Client received followed by
written notification within five days. If FPSI receives no such notification within the time period specified,
it will be assumed for purposes of this agreement that the Client received a complete shipment as recorded
by FPSI.
6. The Client also agrees to have at least two employees count all Test Materials and Test Booklets being
returned to FPSI, provide FPSI with a written record of the materials being returned and an identification of
those persons who counted them.
TV: The Client agrees to pay a 15% Cancellation Fee for the cost of goods or the Base Fee (whichever is more)
and applicable shipping fees if an order is cancelled after the Client has placed a test order with FPSI.
E> Wrage
Fire & Police Selection, Inc.
www.fpsi.com e (888) 990-3473
CM-2023-256
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The Client’s lease costs are based on the options selected by the Client, the base fee, the number of Test
Booklets used, and upon the condition of all materials returned. These charges will be based on current FPSI
Rental/Licensor Rates. There is a $500 Minimum Fee of Client lease costs for all test orders.
Rush Order Fee: IF test orders are placed by the Client within 5 business days, of required day of
delivery by the client, the Client will be subject to a $350 Rush Order Fee on the final invoice.
If the Client purchases a Candidate Orientation Guide .PDF file from FPSI and places the file as a link on
their department or city website, the Client agrees to have the .PDF link removed from their website as soon
as the recruitment has ended. If the Client does not remove the link immediately after their recruitment, the
Client will be charged the original fee, annually, until the link is removed from Client’s website.
The Client must return all used and unused Test Materials and Booklets preferably via Federal Express
(FedEx®) or United Parcel Service (UPS®) to FPSI within twenty (20) business days after the test
administration and is responsible for the cost of the return. The Client will be charged the current billable
rates for any Test Booklet(s) not returned within those twenty (20) business days or that are missing any
pages or whole booklets. This charge is to cover the development cost for a replacement test. If you only
have access to shipping via the United States Postal Service (USPS--Mail) you must use the USPS
Tracking™ service so all boxes are tracked during the mailing/shipping process.
The Client agrees to pay a 15% Restocking Fee for unused Test Booklets (and Study Guides if applicable)
that are being returned. An unused Test Booklet is one whose seal is not broken and any unused Study
Guide is one not damaged in the return shipment. If any unused Test Booklet or Study Guide is damaged
from the return shipment due to lack of proper packing or taping of the box, the Client will pay full price as
noted in our price sheet for each damaged item. The Client will also be charged for any shipping of
materials (Fed Ex at cost).
If FPSI is to score the test, it will typically do so within three (3) business days of receipt of the answer
sheets from the Client, but in no cases more than five (5) business days within receipt of the answer sheets.
FPSI shall provide the client with three viable cutoff options for the test, none of which are binding to the
Client. When possible, FPSI shall conduct and complete an adverse impact analysis and report this
information to the Client in the written recommendation letter. Many clients score in-house.
After receiving all Test Materials from the Client FPSI will submit an invoice to include all applicable fees
for the products and services provided. Payment is due on receipt of FPSI’s invoice. A service fee of one
and one-half percent (1-1/2%) per month (eighteen percent [18%] per year) will be charged on all unpaid
balances in excess of thirty (30) days past due.
FPSI regularly conducts statistical evaluations of all test items. Occasionally, test administrations will
reveal statistical limitation with the effectiveness or fairness of one or more items on a test administration.
FPSI reserves the right to either remove or “score perfect” such items when they are identified.
Should the Client become the subject of any litigation or investigation by state or federal enforcement
agencies arising from the Client’s use of the Test Materials, FPSI will provide consultation on a time-and-
charges basis at such hourly rates as may then be current.
2|Page®D
Fire & Police Selection, Inc.
www.fpsi.com e (888) 990-3473
City of Round Rock, Texas - Human Resources Department
Valerie Francois
211 East Main Street
Round Rock, Texas 78664
City of Round Rock TX
Laurie Hadley
City Manager
Valerie Francois - vfrancois@roundrocktexas.gov
Stacy Bell, M.S.
10/19/2023
11/01/2023
Fire & Police Selection, Inc.
193 Blue Ravine Road, Suite 270
www. fpsi.com / john@fpsi.com
888.990.3473 x111
Dear:
“a
FIRE & POLICE SELECTION, INC.
Lisa Pierce-Jones
Assistant HR Director
Round Rock Human Resources
231 East Main Street
Round Rock, TX 78664 QUOTE
From:
John Ortega Quote Date: October 17, 2023
FPSI Sales Consultant Valid For: 2023
193 Blue Ravine Rd.
Suite 270
Folsom, CA 95630
DESCRIPTION
Lease Fee: 100-item Firefighter
Aptitude & Character Test (FACT) : $ 200100:|. 8 o00.00
Test Booklet Fee 1000 $ 15.00| $ 15,000.00
Shipping*** 1 $ 2,300.00 | $ 2,300.00
SUBTOTAL 17600.00
_ DISCOUNT
TRB ve lsonyeoruallzing ur SUBTOTAL LESS DISCOUNT 17600.00 products and services!
Quote Total: $ 17,600.00
Terms & Instructions
Check Payments Required; We do not accept credit cards. NET 30 DAYS
***PI EASE NOTE - This is a rough estimate on the shipping cost and may increase or decrease on final invoice.