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abilities and/or competencies measured by CODESP test materials are valid job <br />requirements. <br />The Agency agrees that all necessary administrative steps will be taken to <br />ensure that staff members, consultants, or others who may have access to <br />material provided through CODESP will be informed of this agreement and <br />required to comply with it. Any Agency violating test security will be denied any <br />further test materials. The signers of this agreement are authorized to execute <br />this agreement on behalf of the parties. <br />Upon termination of CODESP membership/subscription, the Agency shall <br />destroy all CODESP test materials, both paper and electronic, except those used <br />to document existing test records. The Agency shall immediately cease and <br />desist the use of all CODESP test materials and shall cease administering any <br />and all tests that contain CODESP test materials. The Agency shall delete <br />CODESP test materials from electronic storage devices, databases, test <br />management systems, and/or item banks that that may be accessible by <br />unauthorized individuals, agencies, or vendors. <br />m. If the signer(s) of this agreement find(s) it impossible to ensure fulfillment of this <br />agreement or leave(s) the Agency, an authorized agent of the Agency shall notify <br />CODESP to make arrangements for continuation or termination of the <br />agreement. <br />Should any portion, term, condition, or provision of this Agreement be decided by a court <br />of competent jurisdiction to be illegal or in conflict with any law of the State of California, <br />or be otherwise rendered unenforceable or ineffectual, the validity of the remaining <br />portions, terms, conditions, and provisions will not be affected thereby. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year <br />first above written. <br />ATTEST: CITY OF SANTA ANA <br />DAISY GOMEZ KRISTWE RIDGE <br />CLERK OF THE COUNCIL City Manager <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attorney pp <br />By: Jaw., <br />LAURA A. ROSSINI <br />Senior Assistant City Attorney <br />Rev. 3/19 Page 3 of 4 <br />