CM-2023-272 - 11/17/2023Annual Firefighter and Police Officer Test Materials Terms & Conditions of Lease
Fill-in all information; signature is required. Email all pages to: heidi(4i49si.com (or fax 916.294.4240).
FIRE TEST PRODUCT: Firefighter Aptitude & Character Test (FACT --100 question version)
POLICE TEST PRODUCT: Police Aptitude & Character Test (PACT)
Subject to the following terms and conditions, Fire & Police Selection, Inc. (FPS]) hereby agrees to lease to the
City of Round Rock, Texas (Client) the right to use FPSI's Entry -Level Fire and Police Written Test(s) Materials
for their firefighter and police examinations as ordered during an annual basis. This lease agreement is effective on
November 1, 2023, and concludes on October 31, 2024. The first test date the client will begin testing for fire is
TBD 2024 and for police is November 14, 2023. FPSI will charge the annual base fee(s) plus costs for test
materials, shipping, and scoring if applicable. Under this contract, both parties agree to the following terms and
conditions:
1. 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 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.
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's lease costs are based on the options selected by the Client and will be determined at the time of
ordering. This includes the annual base fee for entry-level fire or police testing, the used/unused counts, and
upon the condition of all materials. These charges will be based on current FPSI Rental/Licensor Rates.
The Client agrees to pay a 15% Cancellation Fee for the cost ofgoods 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.
Rush Order Fee: IF test orders are placed by the Client within 5 business days, of required day of delivery
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by the client, the Client will be subject to a $350 Rush Order Fee on the final invoice.
9. If the Client purchases a Candidate Orientation Guide .PDF file from FPS] 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.
10. If the Client requests to do scoring in-house, FPSI reserves the right to invoice for used test materials on a
quarterly basis throughout the term of the annual lease. The Client agrees to report the quantity of used test
materials to FPSI when requested. The Client agrees to pay the annual fee and any shipping accrued once
the annual lease has been signed and the first shipment of test materials has been shipped.
11. If the Client requests FPSI score the tests, it will typically do so within five (5) business days of receipt of
the answer sheets from the Client and charge "scoring set up fees" for each scoring session. After each
scoring session during the annual lease, FPSI reserves the right to invoice for any costs or fees accrued.
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.
12. FPS[ 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.
13. Once the annual lease has expired, the Client must return all used and unused Test Materials and Booklets so
FPSI can invoice for the tests used and the restocking fee for the tests unused. The Client agrees to return
the materials via Federal Express (FedExP) or United Parcel Service (UPS®) to FPSI within twenty (20)
business days and is responsible for the cost of the return. The Client will be charged the current billable
rates for M 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
TrackingTM service so all boxes are tracked during the mailing/shipping process.
14. The Client 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.
15. The Client agrees to pay a 15% Restocking Fee for each unused Test Booklet that is not used during the
annual lease agreement period; whether the Client retains the unused Test Booklets as supply for the new
annual period or the client returns the unused test booklets. An unused Test Booklet is one whose seal is not
broken is not damaged in the return shipment. If any unused Test Booklet 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).
16. 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.
17. 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.
Please provide the address where the test materials are to be delivered:
21Page
Fire & Police 5ektdon, Inc.
wwmfpAcom • (888) 9W3473
City or Department Name: City of Round Round Rock - Human Resources Department
Attention to: Valerie Francois
Address: 211 East Main Street
City/State/Zip: Round Rock, Texas 78664
Please choose which scoring method is preferred (ONLY Choose ONE below):
FPSI (returning answer sheets for fpsi to score)
Overlay Key (hand score by cityldepartment)
Reference Key (machine score by city/department) x
Client Information and Signature
City or Department: City of Round Rock State: TX
Name:
Title: ti City Manager _
Email: Valerie Francois - vfrancois
Signature:
Fire & Police Selection, Inc. (FPSI)
Date: November 8, 2023
Signature: r
Name: Stacy Bell, M.S. Title: President
joo Date. �` "/ �� C)17A?
31Pa8e
Fim & Police Seleedon, Inc.
wx fpaLcoaa • (SU) 49a3073
Fire & Police Selection, Inc.
193 Blue Ravine Road, Suite 270
www.fpsi.com /john@fpsi.com
888.990.3473 x111
Dear:
W Valerie Francois
Human Resources Director
OCity of Round Rods
231 E. Main Street, Suite 100
Round Rocly TX 78664
CY
From:
John Ortega
FPSI Sales Consultant
193 Blue Ravine Rd.
Suite 270
Folsom, CA 95630
FIRE& POUa SEtE[7lOiAi; INC
Quote Date: November 7, 2023
Valid Through: October 31, 2024
SUBTOTAL 18500.00
DISCOUNT
Thank you for your utilizing our SUBTOTAL LESS DISCOUNT 18500.00
products and services!
Terms & Instructions Quote Total: $ 18,500.00
Check Payments Required; We do not accept credit cards. NET 30 DAYS
`Rash Orders Fees may apply and will reflect on final Invoice.
VENDOR SIGNATURE:
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