CM-12-05-089Cnh��2-as�o�l
ROUND ROCK, TEXAS City Manager Approval Form
PURPOSE. PASSION. PROSPERITY.
Written Test provider for Sergeant and Lieutenant Promotional Exams
Item Caption:
LIVED
MAY 16 7012
Approval Date: 05/16/12
Department Name: Police Department
Project Manager: Willie Richards
Assigned Attorney: Steve Sheets / Rick Bowden
Item Summary:
CPS HR Consulting provides the Police Department with a validated written test for the promotional process for Sergeant and
Lieutenant. This is the test rental contract from CPS. We have used CPS HR Consulting for the last two annual testing processes
that we have conducted.
This test provides a series of questions relevant to the position tested for from prescribed texts as well as formulating questions
from the Police Department Policy manual.
No. of Originals Submitted: Two Original Copies submiutted
Project Name: Promotional Testing for Sergeant / Lieutenant
Cost: 2200.00
Source of Funds: General Fund
Source of Funds (if applicable): Select Source Fund
Account Number: 5216-100-21000
Finance Director Approval:
Date:
Department Director Approval: Willie Richards
Date: 05/16/12
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP ❑ pi Budget n n Purchasing
N/A OK N/A OK
N/A
OK
Accounting
N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
CPS HR griLCONSULTING
TEST 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
CIVI-l2- 0E3- t
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:
-1-
(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) Client shall 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.
Client Initiak�
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 HR all Test
Materials including all materials provided by
CPS HR 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 HR, whether
or not the test was administered.
(b) On-line Testing:
(I)
After the scheduled test date(s), CPS HR
will suspend access to the on-line test site.
(ii) Within 10 business days of the test date,
Client shall destroy all CPS HR Test
Materials including scratch paper and note
paper in a way that make the materials
unrecoverable.
F. Billing, Pricing, and Payment.
1. CPS HR 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 HR is notified
of such cancellation or postponement. Under certain
circumstances, and in CPS HR's sole discretion,
credit may be given for work already performed if the
test is rescheduled.
4. CPS HR 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.
2012 — 2014 CPS HR — Test Rental 2 Year Agreement
H. Client Responsibilities.
1. Client shall perform all parts of the testing process
which are not performed by CPS HR. 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 HR 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 HR of such request
immediately and well before a response is due.
2. Upon CPS HR 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 HR in seeking any
relief necessary to maintain the confidentiality of the
Test Materials.
4. Client shall indemnify and hold CPS HR 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
two years 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 HR may result in the withholding or recall of
Test Materials.
3. Termination Without Cause. CPS HR 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
HR any Test Materials that it possesses.
- 2 - Client Initial
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
By.
Authorized Signature
Name: Vicki Quintero Brashear
Title: Test Rental Program Manager
Date: /ill tc
2012 - 2014 CPS HR - Test Rental 2 Year Agreement
Client
By:
Authorized Signature
Name: seVC. IJA� �/ `�
Title: C \/ 6'e4'---
Email: g11! mini lLt�
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Date: 611% ��
- 3 - Client Initia ��
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.
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2012 - 2014 CPS HR - Test Rental 2 Year Agreement
Exhibit B
CPS HR Test Rental Division Rates (Effective March 25, 2009 — Subject to Change)
*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.
SPECIAL SERVICES
Stock Supplements
STOCK
TESTS*
MODULAR
TESTS
SEMI -STOCK
TESTS
CUSTOM
TESTS
AGENCY
TESTS
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
**Now available Online**
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 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.
SPECIAL SERVICES
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.cov
2012 — 2014 CPS HR — Test Rental 2 Year Agreement
Exhibit C
Spanish Language Proficiency Test Rental Division Rates
Effective March 25, 2009 -- Subject to Change
SPECIAL SERVICES
Faxing/Emailing Test Results
Hand Scoring
Available at no additional charge
$30.00
Proctoring Services
SLPP Extended Use Program
Call for details/quote
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
WRITTEN TEST
ORAL TEST
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 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
Hand Scoring
Available at no additional charge
$30.00
Proctoring Services
SLPP Extended Use Program
Call for details/quote
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
Exhibit D
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
Exhibit E
CPS HR On-line Skills Test Pricing Schedule
Effective January 1, 2010 — Subject to Change
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.
2003 r
Advanced Skills
Advanced Skills
Standard
Basic Skills
Basic Skills
Power User
Standard
Standard
**Includes Word, Excel, and
PowerPoint
Advanced Skills
2003 or 2007
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)
Outlook 2003 or 2007 - Standard
Publisher 2003 - Standard
Data Entry Test - Numeric
Data Entry Test - Alphanumeric
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: testrentalacps.ca.gov
2012 — 2014 CPS HR — Test Rental 2 Year Agreement