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TEST RENTAL AND USE AGREEMENT
<br />This Test Rental and Use Agreement ("Agreement') is by and between Cooperative Personnel Services,
<br />dba CPS HR Consulting, a California Joint Powers Authority ("CPS HR") and the Agency or Organization
<br />named in the signature block at the end of the Agreement ("Client').
<br />A. Purpose. This Agreement defines CPS HR test rental,
<br />use and security policies and procedures.
<br />CPS HR develops and rents tests for a number of
<br />purposes and in a number of formats (including but not
<br />limited to print and electronic media). For that reason,
<br />some of the below paragraphs apply under certain
<br />circumstances. But, unless specifically limited, each
<br />paragraph applies to all testing purposes and formats.
<br />B. Ownership of CPS HR Tests.
<br />1. CPS HR owns all rights, title and interest, including
<br />copyrights, in all tests provided under this
<br />Agreement. They are the property of CPS HR and
<br />shall remain the property of CPS HR, even while in
<br />the custody of Client.
<br />2. Additionally, tests that have been constructed or
<br />modified based on information provided by the client
<br />shall not be considered works made for hire, as that
<br />term is defined under U.S. Copyright Law. CPS HR
<br />shall own all rights, title and interest, including the
<br />copyright, in any test it creates for the Client.
<br />3. Ownership of tests specifically developed for a client
<br />and of individual test questions supplied by Client, if
<br />any, shall be governed by a separate Agreement
<br />between CPS HR and Client.
<br />C. Test Materials. Test Materials consist of all used and
<br />unused test booklets, proctors instructions, proctors
<br />manuals, scoring instructions, key sheets, key overlays,
<br />keyed booklets, scoring keys, instructions, CDs (for oral
<br />tests), and any other materials generated at the test
<br />administration, such as completed answer sheets (if
<br />applicable), scratch paper, note paper and the like.
<br />D. Test Security. CPS HR security standards are designed
<br />to protect the mutual interests of all Clients that use Test
<br />Materials as well as the interests of applicants who take
<br />CPS HR tests. In order that no person may gain special
<br />advantage by having improper access to the material, all
<br />users must sign this Agreement and agree to fulfill its
<br />terms, before the Agreement is effective.
<br />1. Client agrees to take all reasonable and diligent
<br />steps to keep CPS HR tests, sample tests, and
<br />testing processes confidential and free from
<br />unauthorized access and use. This includes, but is
<br />not limited to, client agreeing not to divulge, convey,
<br />copy in whole or part, duplicate, convert to another
<br />format or medium, or otherwise disseminate tests,
<br />portions of tests, or test materials.
<br />2. For on-line tests, client further agrees to take all
<br />reasonable and diligent steps to prevent any
<br />modification to or reverse engineering of the testing
<br />software, and any transfer, storage or dissemination
<br />of tests or testing software and data on any storage
<br />medium or computer server other than those
<br />specifically authorized by CPS HR.
<br />3. Should Client suspect any breach of test security,
<br />Client agrees to immediately notify CPS HR and
<br />immediately take all steps necessary to preserve
<br />2014 -2016 CPS HR —Test Rental 2 Year Agreement
<br />evidence of or related to the breach, whether
<br />physical or electronic.
<br />E. Test Review, Ordering and Administration.
<br />1. Review Copies. Review of CPS HR tests, regardless
<br />of format, is subject to the test security standards.
<br />(a) Test Rental Division: To help in deciding
<br />whether to rent exams, Client may review CPS
<br />HR stock tests and other stock test materials
<br />free of charge (e.g., stock supplements,
<br />structured interview packages, and specialized
<br />item sets).
<br />(b) SLPP: CPS HR does not offer review copies of
<br />the Spanish Language Proficiency Program
<br />(SLPP) tests. However, for new clients, CPS
<br />HR can provide a sample written test booklet
<br />showing the different components of the test.
<br />(c) On-line Testing: To help in deciding whether
<br />to utilize on-line testing, Client may review
<br />sample on-line tests free of charge.
<br />2. Ordering Testing Materials and Scheduling of
<br />Examinations.
<br />(a) Test Rental Division and SLPP:
<br />(i) To insure materials are received in time,
<br />Client must notify CPS HR at least 10
<br />business days prior to the test date of the
<br />total number of candidates in each job
<br />classification to be tested. If orders are
<br />placed less than 10 -business -days prior to
<br />the test date, rush shipment charges may
<br />apply and timely delivery cannot be
<br />guaranteed.
<br />(ii) Client shall rent one test booklet per
<br />candidate to be tested, CPS HR shall
<br />provide Client with Test Materials including
<br />instructions for administering the test,
<br />sufficient test booklets and any other
<br />material CPS HR deems necessary.
<br />(b) On-line Testing:
<br />(i) To insure Client equipment is functioning
<br />and capable of administering on-line
<br />testing, Client must request testing from
<br />CPS HR at least 10 business days prior to
<br />the test date on the first time Client utilizes
<br />on-line testing. After Client has successfully
<br />used on-line testing, 5 working days notice
<br />is normally sufficient for subsequent testing.
<br />(ii) Client recognizes that CPS HR has no
<br />control over the functioning of the internet,
<br />and any problems with on-line testing due
<br />to the failure thereof are not attributable to
<br />CPS HR.
<br />Client Initials
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