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<br />N-2008-014
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<br />INSURANCE NOT REQUIRED
<br />WORK MAY PROCEED
<br />CLERK OF COUNCIL
<br />DATE: FEB 1 2 2008
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<br />Hurnan Resource Services
<br />
<br />TEST RENTAL AGREEMENT
<br />
<br />This Test Rental Agreement (Agreement) is by and between
<br />Cooperative Personnel Services, dba CPS Human Resource
<br />Services, a California joint powers authority (CPS), with
<br />offices at 241 Lathrop Way Sacramento, CA 95815 and the
<br />City of Santa Ana, 20 Civic Center Drive (M-30), P.O. Box
<br />1988, Santa Ana, CA 92702. (Agency, hereafter referred to as
<br />Client), and is effective as of the date it is signed by both
<br />parties.
<br />
<br />3. Return of Test Materials Within two weeks of the test
<br />date, Client shall return to CPS all Test Materials including
<br />all materials provided by CPS for the test adrninistration, all
<br />used and unused test booklets, proctors instructions,
<br />proctors rnanuals, scoring instructions, key sheets, key
<br />overlays, keyed booklets, scoring keys, instructions, and any
<br />other materials generated at the test adrninistration, such as
<br />cornpleted answer sheets (if applicable), scratch paper, note
<br />paper and the like.
<br />
<br />A. Purpose. This agreement defines CPS test rental and
<br />security policies and procedures. CPS test rental
<br />security standards are designed to protect the rnutual
<br />interests of all Clients that use test materials, as well
<br />as the interests of applicants who take CPS tests. In
<br />order that no person may gain special advantage by
<br />having irnproper access to the material, CPS requires
<br />that all users sign this agreement and fulfill its terms.
<br />
<br />4. No Re-Use of Test Materials. Client shall not reuse the
<br />tests on the Test Date or on any other date but shall return
<br />Test Materials to CPS within two weeks of the Test Date,
<br />whether or not the test was adrninistered.
<br />
<br />B. Ownership of CPS Tests. Client understands and
<br />acknowledges that CPS owns all rights, title and
<br />interest, including copyrights, in all CPS Tests,
<br />including stock, semi-stock, custom, and semi-custom
<br />tests. All CPS Tests that are provided under this
<br />Agreement are the property of CPS and shall remain
<br />the property of CPS, even while in the custody of
<br />Client. Additionally, semi-stock and semi-custom tests
<br />that have been constructed based on information
<br />provided by the client shall not be considered works
<br />made for hire, as that term is defined under U.S.
<br />Copyright Law. CPS shall own all rights, title and
<br />interest, including the copyright, in any test it creates
<br />for the Client. Therefore, Client shall only be allowed
<br />to use such tests in accordance with the terms of this
<br />Agreement. Ownership of individual test questions
<br />supplied by Client, if any, shall be governed by a
<br />separate agreement between CPS and Client.
<br />
<br />5. Pricing. In consideration of CPS' performance of the
<br />testing services set forth in Exhibit A of this Agreement,
<br />Client agrees to pay CPS in accordance with the Written
<br />Test Price List in effect at the time of the rental
<br />arrangements. Client acknowledges and understands that
<br />the prices set forth in Exhibit A are only effective as of the
<br />date shown on Exhibit A and are subject to change. CPS
<br />shall bill Client at the billing address set forth herein.
<br />
<br />Client shall be billed for any work done on a canceled or
<br />postponed test up to the time CPS is notified of such
<br />cancellation or postponement according to the prices in
<br />Exhibit A. Under certain circumstances, and in CPS' sole
<br />discretion, credit may be given for work already performed if
<br />the test is rescheduled.
<br />
<br />6. No Routine Candidate Test Materials Inspection. NO
<br />CANDIDATE INSPECTION SHALL BE ALLOWED OF TEST
<br />MATERIALS
<br />
<br />1. Review Copies. Client will be allowed to review
<br />CPS stock tests and other stock test materials (e.g.,
<br />stock supplements, structured interview packages, and
<br />specialized item sets) free of charge. Client
<br />understands and acknowledges that the confidentiality
<br />of all Review Copies that CPS supplies is crucial to the
<br />continued usefulness of such materials. Therefore,
<br />Client shall be responsible for the security of all
<br />Review Copies and shall hold and store the Review
<br />Copies in a manner that will prevent loss and/or
<br />unauthorized access. Client is under no obligation to
<br />purchase exams after review. Client shall not
<br />reproduce any portion of a Review Copy under any
<br />circumstances.
<br />
<br />7. Candidate Answer Sheet(s) Inspection. If a candidate
<br />files a protest regarding the scoring of his or her test,
<br />inspection of a candidate's own answer sheet(s) for the
<br />purpose of detecting whether any clerical or other error has
<br />been made in the scoring of the answer sheets shall be
<br />allowed, upon request by the Client, for a 10-business-day
<br />periOd immediately following the notification to the candidate
<br />of test results.
<br />
<br />C. Test Review, Ordering and Administration.
<br />
<br />Candidates are not allowed to review the question booklet
<br />during this inspection period.
<br />
<br />Not more than one hour will normally be allowed for answer
<br />sheet(s) review. A representative of Clients Personnel or
<br />Administrative office shall be present to assure that no
<br />changes or marks of any kind are made by the candidate on
<br />the answer sheet(s) or keyed answer sheet.
<br />
<br />2. Ordering Testing Materials and Scheduling of
<br />Examinations. At least 10-business-days prior to the
<br />test date, Client shall notify CPS of the total number of
<br />candidates in each job classification to be tested. If
<br />orders placed less than 10-business-days prior to the
<br />test date are processed, additional charges will apply.
<br />Client shall rent one test booklet per candidate to be
<br />tested. CPS shall provide Client with Test Materials
<br />including instructions for administering the test,
<br />sufficient test booklets and any other material CPS
<br />deems necessary.
<br />
<br />8. Payment of Charges. Client will compensate CPS for
<br />Services by paying certain fees as set forth in Exhibit A.
<br />Client will pay all invoices within thirty (30) days from receipt
<br />of invoice.
<br />
<br />9. Late Payment. Any invoices not paid within thirty (30)
<br />days may incur a service charge of the lesser of two percent
<br />(2%) or the maximum allowable by law per month on any
<br />outstanding overdue balances. In addition, collection costs
<br />may be added to any invoice not paid within ninety (90)
<br />days.
<br />
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