CM-11-05-089ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
City Manager Approval Summary Sheet
Item Caption: Consider executing a Test Rental Agreement (TRA) with CPS Human Resources Services
Approval Date: May 6, 2011
Department: Police Department
Project Manager: Alain Babin
Item Summary:
This agreement supplies promotional testing material for the Police Department from CPS Human Resources Services
for the positions of Sergeant and Lieutenant. This testing material is one part of a three part exam process to
facilitate candidate promotional selection.
This supports the City's Strategic Goal 30.0 — Residents, Visitors and Businesses continue
Strategic Plan Relevance: to experience a high and timely level of public safety and security.
Cost of testing is determined by the number of officers taking the test and is
Cost: estimated to be approximately $2,900.00.
Source of Funds: General Fund
REV. 6/10/10
40, 4.4
Human Resource Services
TEST RENTAL AND USE AGREEMENT
This Test Rental and Use Agreement ("Agreement") is by and between Cooperative Personnel Services,
dba CPS Human Resource Services, a California Joint Powers Authority ("CPS") and the Agency or
Organization named in the signature block at the end of the Agreement ("Client").
A. Purpose. This Agreement defines CPS test rental, use
and security policies and procedures.
CPS develops and rents tests for a number of purposes
and in a number of formats. 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 Tests.
1. CPS owns all rights, title and interest, including
copyrights, in all tests provided under this
Agreement. They are the property of CPS and shall
remain the property of CPS, 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 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 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 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 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 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.
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3. Should Client suspect any breach of test security,
Client agrees to immediately notify CPS and
immediately take all steps necessary to preserve
evidence of or related to the breach, whether
physical or electronic.
E. Test Review, Ordering and Administration.
1. Review Copies. Review of CPS tests is subject to
the test security standards.
(a) Test Rental Division: To help in deciding
whether to rent exams, Client may review CPS
stock tests and other stock test materials free
of charge (e.g., stock supplements, structured
interview packages, and specialized item sets).
(b) SLPP: CPS does not offer review copies of the
Spanish Language Proficiency Program
(SLPP) tests. However, for new clients, CPS
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 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) 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.
(b) On-line Testing:
(i) To insure Client equipment is functioning
and capable of administering on-line
testing, Client must request testing from
CPS 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 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.
-1-
Client Initial
3. After the test date.
(a) Test Rental Division and SLPP:
(i) Within 10 business days of the test date,
Client shall return to CPS all Test Materials
including all materials provided by CPS for
the test administration.
(ii) Client shall not reuse printed tests on the
test date or on any other date but shall
return Test Materials to CPS, whether or
not the test was administered.
(b) On-line Testing:
(i) After the scheduled test date(s), CPS will
suspend access to the on-line test site.
(ii) Within 10 business days of the test date,
Client shall destroy all CPS Test Materials
including scratch paper and note paper in a
way that make the materials unrecoverable.
F. Billing, Pricing, and Payment.
1. CPS shall bill Client at the billing address provided in
Exhibit A, unless notified in writing of a new billing
address.
2. The bill shall be derived from the most current
applicable Rate Sheet (s): Exhibit B for Test Rental,
Exhibit C for SLPP, and Exhibits D and E for On-line
Testing. Client acknowledges and understands that
the Test Price List(s) are only effective as of the date
shown each of them and are subject to change.
3. 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. Under certain
circumstances, and in CPS' sole discretion, credit
may be given for work already performed if the test is
rescheduled.
4. CPS may charge Client for lost or compromised tests
if Test Materials are not timely returned.
5. Client agrees to and shall pay all invoices within thirty
(30) days of receipt of invoice.
G. Candidate Inspections
1. Test Materials.
CANDIDATE INSPECTION OF TEST MATERIALS
SHALL NOT BE ALLOWED EXCEPT IN CASE OF
ANSWER SHEETS AS DESCRIBED BELOW
2. Answer Sheets.
(a) 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 made 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.
(b) Candidates are not allowed to review the
question booklet during this inspection period.
(c) Not more than one hour will normally be
allowed for answer sheet(s) review. A
representative of Client's 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.
H. Client Responsibilities.
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 or have access to Test Materials in any
capacity for Client shall do so in compliance with this
Agreement, and are trained to handle Test Materials
and administer tests before they do so.
I. Legal Proceedings Involving Test Materials.
1. If Client receives notice of any administrative or court
proceeding involving a CPS test, or 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.
2. Upon CPS request, Client shall maintain the
confidentiality of the Test Materials pending the grant
or denial of a protective order or the decision of a
court or administrative body as to whether the
requested Test Materials must be disclosed under
the applicable public records statute.
3. Client shall cooperate with CPS in seeking any relief
necessary to maintain the confidentiality of the Test
Materials.
4. Client shall indemnify and hold CPS harmless from
and against any and all claims, costs, damages,
losses, liabilities and expenses (including reasonable
attorney fees and costs) arising out of or in
connection with administration of a test, or with
maintaining confidentiality of Test Materials.
J. Term and Termination of Agreement.
1. Term. This Agreement is effective beginning the
date it is signed by both parties and continuing for
one year thereafter unless earlier terminated by
either party as stated below.
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.
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.
- 2 - Client Initiali�6�
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 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; 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 Test Materials on Clients behalf. I affirm that I will handle all CPS Test
Materials in accordance with the terms of the CPS 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 Human Resource Services,
A California Joint Powers Authority
By -
I
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Authoriz d Signature Authorized Signature
Client
By:
Name: Jeff Hove
Title: Managing Director, Client Svcs West
Date: 5— 4/ft
Name: Steve Norwood
Title: City Manager
Date:
- 3 - Client Initial
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 Test Materials in accordance with the terms of the CPS Test Rental Agreement then in effect.
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Exhibit B
CPS 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
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
*CPS 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 Scoring, CPS answer
sheets and a scoring report.
SPECIAL SERVICE
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 Human Resource Services
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: testrentak cps.ca.gov
Exhibit C
Spanish Language Proficiency Program
Test Rental Rates
Effective July 1, 2009 -- Subject to Change
Base Fee
Written Test
$295.00
Oral Test
$295.00
**Per Booklet Fee
$9.00
N/A
***Per Tape Scoring Fee
N/A
$120.00
Expedited Shipping
*20%
*20%
*Orders placed Tess 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
CaII for details/quote
SLPP Extended Use Program
Call for details
Charges for Cancellations, and Lost or Compromised Tests
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.
•
Exhibit D
CPS 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.
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Exhibit E
CPS On-line Skills Test Pricing Schedule
Effective January 1, 2010 — Subject to Change
ule'':
1 - 25 Candidates (per candidate)
Per Tes
$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.
01
7
Advanced Skills
Advanced Skills
Standard
Basic Skills
Basic Skills
Power User
Standard
Standard
**Includes Word, Excel, and PowerPoint
or 2
Advanced Skills
Advanced Skills
Computing
Basic Skills
Basic Skills
Internet
Standard
Standard
Software Skills
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
Publisher 2003 - Standard
Data Entry Test - Alphanumeric
Test Rental Contact Information:
CPS Human Resource Services
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: testrentalacps.ca.gov