2022/03/15 CPS HR Consulting Test Rental and Use Agreement by and between Cooperative Personnel Services dba CPS HR Consulting- 1 - Client Initials _______
TEST RENTAL AND USE AGREEMENT
dba CPS HR Consulting, a California Joint Powers Au
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
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:
(i) To ensure 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 ensure 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.
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3. After the test date.
(a) Test Rental Division:
(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 Special Services, Exhibit D for Online
Skills, and Exhibit E for Personality. 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 returned according to
3(a) above. Client shall be liable for the actual cost
associated with the creation of a substantially similar
replacement test up to a maximum of $15,000.
5.Client agrees to and shall pay all invoices within thirty
(30) days of receipt of invoice.
6.Credits. For each unopened package of stock exams
that is returned, a $35.00 credit will be generated that
can be applied towards the current or future test
order. Credit has no cash value and will expire 12
months after the issue date.
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
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 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 local validation efforts (e.g., SME
review, job analysis studies) and 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.
3.CPS HR retains score reports for 60 days after each
test administration date. Test users must maintain
the appropriate documentation of score report
information for agency record purposes.
4.Client is responsible for making determinations
regarding the merit of candidate appeals. CPS HR
can assist with researching candidate appeals at the
specified hourly rate.
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
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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.
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
2450 Del Paso Rd., Ste. 160, Sacramento, CA
95834.
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)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 ensure 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: Amy Bigone
Title: Test Rental Program Manager
Date:
Client
By:
Authorized Signature (Head of Agency)
Name:
Title:
Email:
Date:
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City Manager
Armando Villa
3/15/2022
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.
Name, Title Signature
E-mail Address Phone Number
Name, Title Signature
E-mail Address Phone Number
Name, Title Signature
E-mail Address Phone Number
Name, Title Signature
E-mail Address Phone Number
Name, Title Signature
E-mail Address Phone Number
Name, Title Signature
E-mail Address Phone Number
II. Billing Contact
Contact Name and Title
Agency
Street Address, City, State, Zip
E-Mail Phone Number
III. Physical Address
Agency / Department Name
Street Address, City, State, Zip
Accounts Payable
City of Menifee
29844 Haun Road Menifee, CA 92586
Accountspayable@cityofmenifee.us (951)672-6777
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bmelton@cityofmenifee.us (951) 723-3799
Bryan Melton
galarcon@cityofmenifee.us 951-723-3797
Glenn Alarcon, Human Resources Technician
njacobs@cityofmenifee.us 951-723-3798
Natalie Jacobs, Human Resources Analyst
951-746-4059
Robert Cardenas, Deputy HR Director
rcardenas@cityofmenifee.us
DocuSign Envelope ID: 6712EF71-7F28-4AD3-8E2C-61824FD6B239
Exhibit B
CPS HR Test Rental Division Rates
Effective January 2022 - Subject to Change
STOCK
TESTS*
SEMI-STOCK
TESTS
CUSTOM
TESTS
AGENCY
TESTS
$295.00 $595.00 $995.00 $350.00
1-100 Candidates (per candidate) $9.00 $14.00 $15.00 $10.00
101-500 Candidates (per candidate) $8.50 $13.00 $14.00 $9.50
501+ Candidates (per candidate) $8.00 $12.00 $13.00 $9.00
New Item Writing/Entry N/A N/A $35 per item N/A
Pick Up/Handling 5% 5% 5% 5%
Standard Shipping/Handling ** 10% 10% 10% 10%
Expedited Shipping/Handling ** 15% 15% 15% 15%
Shipping outside contiguous U.S. 20% 20% 20% 20%
Entry-Level Law, Entry-Level Fire and Entry-Level Clerical
Candidate Materials (available online through Candidate Resource Center)
Online Preparation Manuals Online Practice Test
$3.00 if purchased by client
$5.00 if purchased by candidate
$10.00 if purchased by client
$15.00 if purchased by candidate
*CPS HR will apply a credit of $35.00 for each UNOPENED package of Stock Exams of test booklets on the current or
future STOCK test order (see additional terms listed on F.6.).
**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.
Base fee includes the following at no additional charge: Pr
answer sheets and a scoring report.
Online Testing Option for Written Exams*
Stock Tests Semi-Stock Tests Agency Tests Custom Tests
Administrative Set Up Fee (per order) $95.00 $95.00 $95.00 $95.00
One Time Exam Set Up Fee N/A $595.00 $350.00 $995.00
Per Candidate Fee $15.00 $15.00 $15.00 $15.00
Title Change (optional) $25.00 N/A N/A N/A
Additional Supplement (optional) $50.00 N/A N/A N/A
* The one time set up fee will be applied for the first online administration of a semi stock, agency or custom test.
* All exams must be administered in a proctored environment
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Exhibit C
CPS HR Special Services
Effective January 2022 - Subject to Change
REMOTE PROCTOR SERVICES
Agency Price Candidate Price
Administrative Set Up Fee (per order) $75.00
1 hour test (per candidate) $22.50 $25.50
$30.00 $33.00
$38.75 $41.75
Over 3 hour test (per candidate) $47.50 $50.50
Take it Now Premium Scheduling (Additional Fee as applicable per candidate) $12.00 $12.00
Take It Soon Premium Scheduling (Additional Fee as applicable per
candidate) $8.00 $8.00
SPECIAL SERVICES
Candidate Appeals Support $130 per hour
pened returned books will NOT qualify for a credit)
Re-Scoring/Hand-Scoring of Answer Sheet $ 30.00 (Requested directly by Agency)
Review Copies (Hardcopies sent via FedEx) $25.00 per order (online review copies are provided at no charge)
Scoring Keys $10.00 per Overlay, Key Sheet provided at no additional cost
Spanish Language Proficiency Oral Exam $295.00 Base Fee + $120 per candidate (Professional Scoring Included)
Stock Supplements $ 2.00 per book when ordered with a Stock test
Structured Interview Packages $595.00 Base Fee + $15.00 per candidate
Supplemental Orders $25 base fee, candidate count fee, and shipping/handling
Writing Proficiency Exam $ 350.00 Base Fee + $ 15.00 per candidate (Professional Scoring
included)
Non-specified special Services
CALL FOR DETAILS - Billed at the following rates
Consultant Time $130/hour
Technician Time $ 75/hour
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Exhibit D
CPS HR On-line Skills Test Pricing Schedule
Effective January 2022 - Subject to Change
ONLINE SKILLS TEST
Single-Subject Test
Administrative Set Up Fee (per order) $95.00
Per Candidate Fee $15.00
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Exhibit E
CPS HR On-line Personality Test Pricing Schedule
Effective January 2022 - Subject to Change
PERSONALITY TEST
Report Option Price Per Candidate
General Employability Report (if used with stock exam) $7.50
General Employability Report (if used without a stock exam) $10
Advantage Report $15
Express Report $55
Potential Report $155
Challenge Report $155
Values Report $155
Leader Basis $205
Leadership Forecast (includes Potential, Challenge and Values reports) $410
Coaching Report Free with order of Leadership
Forecast Report
Test Rental Contact Information:
CPS HR Consulting
Attn: Test Rental Division
2450 Del Paso Rd., Ste. 160, Sacramento CA 95834
Telephone: 916.263.1800 / Toll Free 866.867.5272
Fax: 916.921.6240 / E-mail: testrental@cpshr.us
DocuSign Envelope ID: 272E1707-9D77-44E3-AAF4-379EAF4966A9DocuSign Envelope ID: 6712EF71-7F28-4AD3-8E2C-61824FD6B239