CM-10-01-015*kJ
Human
Human .Resource Services
TEST RENTAL AGREEMENT (TRA)
This Test Rental Agreement (Agreement) is by and between
Cooperative Personnel Services, dba CPS Human Resource
Services, a California Joint powers authority (CPS), with
offices at 241 Lathrop Way Sacramento, CA 95815 and the
Agency named in the signature block at the end of this
Agreement (Agency, hereafter referred to as Client), and is
effective as of the date it is signed by both parties.
A. Purpose. This agreement defines CPS test rental and
security policies and procedures. CPS test rental
security standards are designed to protect the mutual
Interests of alt Clients that use test materials, as well
as the interests of applicants who take CPS tests. In
order that no person may gain special advantage by
having improper access to the material, CPS requires
that all users sign this agreement and fulfill Its terns.
B. Ownership of CPS Tests. Client understands and
acknowledges that CPS owns all rights, title and
interest, including copyrights, in all CPS Tests,
including stock, semi -stock, custom, and semi -custom
tests. All CPS Tests that are provided under this
Agreement are the property of CPS and shall remain
the property of CPS, even while In the custody of
Client. Additionally, semi -stock and semi -custom tests
that have been constructed 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 shalt own all rights, title and
interest, including the copyright, in any test it creates
for the Client. Therefore, Client shall only be allowed
to use such tests in accordance with the terms of this
Agreement. Ownership of individual test questions
supplied by Client, if any, shall be governed by a
separate agreement between CPS and Client.
C. Test Review, Ordering and Administration.
1. Review Copies. Client will be allowed to review
CPS stock tests and other stock test materials (e.g.,
stock supplements, structured interview packages, and
specialized item sets) free of charge. Client
understands and acknowledges that the confidentiality
of all Review Copies that CPS supplies is crucial to the
continued usefulness of such materials. Therefore,
Client shall be responsible for the security of all
Review Copies and shall hold and store the Review
Copies in a manner that will prevent loss and/or
unauthorized access. Client Is under no obligation to
purchase exams after review. Client shall not
reproduce any portion of a Review Copy under any
circumstances.
2. Ordering Testing Materials and Scheduling of
Examinations. At least 10 -business -days prior to the
test date, Client shall notify CPS of the total number of
candidates in each job classification to be tested. If
orders placed less than 10 -business -days prior to the
test date are processed. additional charges will apply.
Client shall rent one test booklet per candidate to be
tested. CPS shall provide Client with Test Materials
including instructions for administering the test,
sufficient test booklets and any other material CPS
deems necessary.
CM- tC-OI--01S
3. Return of Test Materials Within two weeks of the test
date, Client shall return to CPS all Test Materials including
all materials provided by CPS for the test administration, all
used and unused test booklets, proctors instructions,
proctors manuals, scoring instructions, key sheets. key
overlays, keyed booklets, scoring keys, instructions, and any
other materials generated at the test administration, such as
completed answer sheets (if applicable), scratch paper, note
paper and the like.
4. No Re -Use of Test Materials. Client shall not reuse the
tests on the Test Date or on any other date but shall return
Test Materials to CPS within two weeks of the Test Date,
whether or not the test was administered.
5. Pricing. In consideration of CPS' performance of the
testing services set forth in Exhibit B of this Agreement,
Client agrees to pay CPS in accordance with the Written
Test Price List in effect at the time of the rental
arrangements. Client acknowledges and understands that
the prices set forth in Exhibit B are only effective as of the
date shown on Exhibit B and are subject to change. CPS
shall bill Client at the billing address provided In Exhibit A,
attached hereto.
Client shall be billed for any work done on a canceled or
postponed test up to the time CPS is notified of such
cancellation or postponement according to the prices in
Exhibit B. Under certain clrcumstances, and In CPS' sole
discretion, credit may be given for work already performed if
the test is rescheduled.
6. No Routine Candidate Test Materials Inspection. NO
CANDIDATE INSPECTION SHALL BE ALLOWED OF TEST
MATERIALS
7. Candidate Answer Sheet(s) Inspection. If a candidate
files a protest regarding the scoring of his or her test,
inspection of a candidate's own answer sheet(s) for the
purpose of detecting whether any clerical or other error has
been shade in the scoring of the answer sheets shall be
allowed, upon request by the Client, for a 10 -business -day
period immediately following the notification to the candidate
of test results.
Candidates are not allowed to review the question booklet
during this inspection period.
Not more than one hour will normally be allowed for answer
sheet(s) review. A representative of Clients Personnel or
Administrative office shall be present to assure that no
changes or marks of any kind are made by the candidate on
the answer sheet(s) or keyed answer sheet.
8. Payment of Charges. Client will compensate CPS for
Services by paying certain fees as set forth in Exhibit B.
Client will pay all invoices within thirty (30) days from receipt
of invoice.
9. Late Payment. Any invoices not paid within thirty (30)
days may incur a service charge of the Lesser of two percent
(2%) or the maximum allowable by law per month on any
outstanding overdue balances. In addition, collection costs
may be added to any Invoice not paid within ninety (90) days.
D. Client Responsibilities and indemnification.
1. Client shall perform all parts of the testing
process which are not performed by CPS. Client
has the responsibility for assuring that the testing
process performed by Client conforms to any
applicable laws, rules or ordinances, and for the test
as a whole. Under the federal Uniform Guidelines on
Employee Selection Procedures, the Client as test
user Is responsible for the results of the selection
process, and Client understands and acknowledges
that it must be prepared to demonstrate that the
process is valid and meets other testing standards if it
adversely affects groups protected by fair employment
laws.
2. Client is responsible for insuring that all persons
who handle Test Materials In any capacity for Client
shall do so in compliance with this Agreement.
3. Subject to any applicable state Tort Claims Act,
Client shall be responsible for any damage or any third
party liability which may arise from the administration
of a test to the extent of liability arising out of the
negligence of Client
E. Security of Testing Materials.
1. Test Security. Client understands and
acknowledges that the confidentiality of all Test
Materials that CPS supplies Is crucial to the continued
usefulness of such Test Materials. Therefore. Client
shall be responsible for the security of all Test
Materials and shall hold and store the Test Materials in
a manner that wilt prevent loss and/or unauthorized
access. In addition, Client shall not reproduce test
booklets or test questions under any
circumstances.
2. Legal Proceedings involving Test Materials. If
Client receives a request for disclosure of Test
Materials, such as a subpoena, or a public records or
freedom of information request, Client shall notify CPS
of such request Immediately and well before a
response Is due. Upon CPS request, Client shall
maintain the confidentiality of the Test Materials
pending the grant or denial of a protective order or the
dedsion of a court or administrative body as to
whether the requested Test materials must be
disclosed under the applicable public records statute.
Client shall cooperate with CPS in seeking any relief
necessary to maintain the confidentiality of the testing
materials. CPS shall defend, indemnify and hold Client
harmless from any claim or administrative appeal,
including costs, expenses, and any attorney fees,
related to CPS pursuing protection of the Test
Materials from disclosure.
F. Term and Termination of Agreement.
1. Term. The term of this Agreement is one year from
its Effective Date.
2. Immediate Termination upon Material Breach.
Either party may terminate this Agreement immediately
upon any material breach by the other party. For
purposes of this Agreement, but without limiting the
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
3. Termination Without Cause. CPS and Client may
terminate the Agreement without cause upon thirty days
written notice to the other party.
4. Return of Test Materials. Upon termination of the
Agreement, Client shall immediately return to CPS any Test
Materials that It possesses.
G. Miscellaneous.
1. Notices. Any notice to the parties required or
permitted under this Agreement shall be given In writing and
shall be sent to the persons 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 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 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 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; Modlflcations. 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 thls 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. 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.
Exhibit A r a .:i .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'e terms of the CPS Test Rental Agreement currently in effect.
James R. Nuse, P.E., City Manager
Name and Title
Round Rock Police Department
Signstune\
1//5-h°
Date
Agency
citymanager@round-rock.tx.us (512)218-5401 (512) 218-7097
Phone Number Fax Number
E -Mail
221 East Main Street, Round Rock, TX 78664
Street Address, City, State, Zip
II. Additional Signees
Name, Title
•
Alain R. Babin, Captain
ababin@round-rock.tx.us
(512)218-5
Ken Evans, Lieutenant
kevans@round-rock.tx.us
(512)218-61
III. Billing Contact
Sherri Crone, Accounting Supervisor
Name and Title Signature
City of Round Rock
Agency
scrone@round-rock.tx.us 512-218-5443
E -Mail
512-218-5442
Phone Number Fax Number
221 East Main Street, Round Rock, TX 78664
Street Address, City, State, Zip
COOPERATIVE PERSONNEL SERVICES DBA CPS HUMAN RESOURCE SERVICES, A CALIFORNIA JOINT POWERS AUTHORITY
Howard Fortson, Ph.D.
Manager, Test Rental Division
Date
19
56
c.7 O
Exhibit B
CPS Test Services Rates (Effective March 25, 2009)
NOTE: Prices are Subject To Change
*Stock tests are prepackaged and are available only in packages of ten. CPS will apply a credit of $35.00
for each fully Haid 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.
**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 Scoring,
CPS answer sheets and a scoring report.
Stock Supplements
STOCK
TENS* .
MODULAR
TESTS
SEMI -STOCK
TESTS
CUSTOM
TESTS:;':.
$ 10.00 per key or overlay
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
NIA
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
Quantity Per Booklet/Candidate Fee
10 - 1000 $ 3.00
1001+ Call for volume discount details
Base Fee: $ 595.00
Per Candidate Fee:
1 - 500 $7.50
*Stock tests are prepackaged and are available only in packages of ten. CPS will apply a credit of $35.00
for each fully Haid 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.
**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 Scoring,
CPS answer sheets and a scoring report.
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
$ 25.00 (Requested directly by Agency)
Non-specified special services
CALL FOR DETAILS (Billed at applicable hourly rate)
.4r-no
Human Resource Services
Date: November 10, 2009
To: Lieutenant Ken Evans
E-mail: kevans@round-rock.tx.us
Phone: 512-218-6656
From: Clinton Kelly
E-mail: ckellyc cps.ca.gov
Phone: 916-471-3385
r, r7)
,/ r.1
CPS Human Resource Services is pleased to submit this project overview and cost proposal for custom
test development services for the ranks of Sergeant and Lieutenant for the Round Rock Police
Department.
Following review of this initial proposed scope of work and cost breakdown, CPS and Round Rock Police
Department staff may discuss in further detail specific project requirements, timeline adjustments, and
corresponding costs. Should you have any questions regarding the information in this document or
need for additional information, please do not hesitate to contact us. We welcome the opportunity to
be of continued assistance to the Round Rock Police Department in meeting its personnel selection
needs.
Proposed Scope of Work
This proposal presents the test development activities for Round Rock Police Department's promotional
classifications of Sergeant and Lieutenant that CPS is offering. At present, the proposal is structured
around the following assumptions:
(1)
CPS will complete the test development activities within a maximum of 8 weeks of receiving the
test date and test plans.
(2) The Sergeant test will consist of 100 questions total with 50 referenced to Steven Covey's The 7
Habits of Highly Effective People and 50 referenced to Harry More and Larry Miller's Effective
Police Supervision, 5th Edition.
The Lieutenant test will consist of 100 questions total with 50 referenced to Steven Covey's The
7 Habits of Highly Effective People and 50 referenced to Ronald Lynch and Scott Lynch's The
Police Manager, 6th Edition.
(4) CPS staff will write 25 new questions based on the Steven Covey's The 7 Habits of Highly
Effective People to ensure a sufficient number of test questions are available to the
Department.
CPS will provide approximately 75 questions referenced to Effective Police Supervision, sth
Edition, 75 questions referenced to The Police Manager, 6th Edition, and 55 questions
referenced to The 7 Habits of Highly Effective People. The Department will choose the final 50
questions for each of the three references.
(3)
(5)
(6) The Department will identify and secure the participation of an adequate number of subject
matter experts (SMEs) to review and select the questions written by CPS to ensure their
appropriateness for the corresponding classifications.
(7) CPS will finalize the tests based on the questions selected from the SMEs at the Department
and ship the tests and answer sheets to the Department for test administration.
Table 1. Proposed Project Costs
Project Activities
Base Fee
- Sergeant Test
- Lieutenant Test
Fixed Flat Fee Costs
$995
$995
Candidate Fee (Not to exceed 35 total)
- Sergeant Test
- Lieutenant Test
$225
$150
New Test Questions
- 25 Questions to 7 Habits
$360
Shipping & Handling
$272.50
Scoring of Tests
No Fee
Total Cost
$2,997.50
DATE: January 4, 2009
SUBJECT: City Manager Approval — January 15, 2010
ITEM: Test Rental Agreement
Department: Police Department
Staff Person: Ken Evans
Justification: Consider executing a Test Rental Agreement (TRA) with CPS Human Resources
Services.
Strategic Plan Relevance: SAFETY AND SECURITY Goal 30.0 Residents, Visitors and Businesses
continue to experience a high and timely level of public safety and security. CPS Human
Resource Services will present test development activities for the Round Rock Police
Department's promotional classification of Sergeant and Lieutenant.
Funding:
Cost: $2,997.50
Source of funds: General Fund
Outside Resources (if applicable):
Public Comment (if applicable):
UPDATED: October 19, 2009
10.1909
Request for City CounciUCity Manager Action
rim City Council U JJ City Manager
Submit completed fonn for all City Manager and City Council approvals.
Department Name: Police Department
Contact Person: Tricia McFerran / Sherrill Voll / Rick White
Project Mgr/Resource: Ken Evans
Project Coordinator: Ken Evans
Assigned Attomey: I Kay Gayle
City Council or City Manager Approval Date:
Agenda Wording
For Administration use ONLY
\: • i 7
Received:
Tag#: Civ\- ID -O • O(—J
Original Documents Received:
Project Name: Test Rental Agreement
Contractor/Vendor: CPS Human Resources Services
Funding Source: General Fund
Additional funding Source:
Amount:
1/15/2010
$2,997.50
Account Number: 5223-100-21000
Consider executing a Test Rental Agreement (TRA) with CPS Human Resources Services.
Finance Information
Is Funding Required?
Yes Q No
Initial Construction Contract
Construction Contract Amendment
Change Order q
EChange in Quantity Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
101
Other (Please clearly identify action below)
Amount
$2,997.50
FINANCE
NIA Approved
0 Finance/CIP Date
cjFinance/Acct r Dace
J Purchasing Date
0 Budget
APPROVALS
(to be completed ONLY by Finance)
Final Finance Approval Required
Approved
Date
Finance Director Date
Once approvals have ben obtained, please forward the RFA. blue sheet; back up information and originals to City Secretary, Sara White.
ITEMS Will NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signature: Ken Evans Date: 1/4/2010
Dept. Director Signature:'
*City Attorney Signature:
City Manager Signature:
lc Date: j - ► 3- j O
Date: HS.'" 10
Date: 1-15-1
*City Attorney signature is required to all items.
REVISED 1/11/2010
10 19 09
Request for City CounciUCity Manager Action
® City Council [n City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Police Department
Contact Person: Tricia McFerran / Sherrill Voll / Rick White
Project Mgr/Resource: Ken Evans
Project Coordinator: Ken Evans
Assigned Attorney: 1 Kay Gayle
City Council or City Manager Approval Date:
Agenda Wording
For Administration Use ONLY
Received:
Tag It:
Original Documents Received:
Project Name: Test Rental Agreement
ContractorNendor: CPS Human Resources Services
Funding Source: General Fund
Additional funding Source:
Amount:
1/15/2010
$2,997.50
Account Number: 5223-100-21000
Consider executing a Test Rental Agreement (TRA) with CPS Human Resources Services.
Finance Information
EEI
FINANCE
NIA Approved
El CI
J El
I:3 o
Is Funding Required?
Yes
to I
Initial Construction Contract
Construction Contract Amendment a
Change Order
Change in Quantity Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
No
IDI
Other (Please clearly identify action below)
APPROVALS
(to be comps ONLY by Finance)
Final Finance Approval Required
Amount
$2,997.50
Finance/CIP - L otsen Date 1/12/2010
Finance/Acct E. Wilson Date 1/13/2010
Purchasing EE Bowden Date 1/12/2010
Budget P. Bryan Date 1/12/2010
Approved
Once approvals have been obtained. please forward the RFA, blue sheet, back up information and originals to Clty Secretary, vara
ITEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL. PRIORI() SUBM
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signature: Ken Evans Date:
Dept. Director Signature: 9e,
e � �G/ C�P%� Date:
*City Attorney Signature: Date:
City Manager Signature: Date:
1/4/2010
'City Attorney signature is required for all items.
REVISED 1/13/2010
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: POLICE
Project Mgr/Resource: KEN EVANS
[Council Action:
ORDINANCE
Agenda Wording
Project Name: TEST RENTAL AGREEMENT
Contractor/Vendor: CPS HUMAN RESOURCES SERVICES
n RESOLUTION
[City Manager Approval
CMA Wording
Consider executing a Test Rental Agreement (TRA) with CPS Human Resources Services.
Attorney Approval
Attorney
Notes/Comments
Date;. ,3/,
O:fwdox%SCC Ints1012110902lM I S 0100 1 793 76
Updated 6/3/08