COOPERATIVE PERSONNEL SERVICES, DBA CPS HUMAN RESOURCES (3)

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3. After the test date. H. Client Responsibilities. (a) Test Rental Division and SLPP: 1. Client shall perform all parts of the testing process (i) Within 10 business days of the test date, which are not performed by CPS HR. Client has the Client shall return to CPS HR all Test responsibility for assuring that the testing process Materials including all materials provided by performed by Client conforms to any applicable laws, CPS HR for the test administration. rules or ordinances, and for the test as a whole. (ii) Client shall not reuse printed tests on the Under the federal Uniform Guidelines on Employee test date or on any other date but shall Selection Procedures, the Client as test user is return Test Materials to CPS HR, whether responsible for the results of the selection process, or not the test was administered. and Client understands and acknowledges that it must be prepared to demonstrate that the process is (b) On-line Testing: valid and meets other testing standards if it adversely (i) After the scheduled test date(s), CPS HR affects groups protected by fair employment laws. will suspend access to the on-line test site, 2. Client is responsible for insuring that all persons who (ii) Within 10 business days of the test date, handle or have access to Test Materials in any Client shall destroy all CPS HR Test capacity for Client shall do so in compliance with this Materials including scratch paper and note Agreement, and are trained to handle Test Materials paper in a way that make the materials and administer tests before they do so. unrecoverable. I. Legal Proceedings Involving Test Materials. F. Billing, Pricing, and Payment. 1. If Client receives notice of any administrative or court 1. CPS HR shall bill Client at the billing address proceeding involving a CPS HR test, or a request for provided in Exhibit A, unless notified in writing of a disclosure of Test Materials, such as a subpoena, or new billing address, a public records or freedom of information request, 2. The bill shall be derived from the most current Client shall notify CPS HR of such request applicable Rate Sheet (s): Exhibit B for Test Rental, immediately and well before a response is due. Exhibit C for SLPP, and Exhibits D and E for On-line 2. Upon CPS HR request, Client shall maintain the Testing. Client acknowledges and understands that confidentiality of the Test Materials pending the grant the Test Price List(s) are only effective as of the date or denial of a protective order or the decision of a shown each of them and are subject to change, court or administrative body as to whether the 3. Client shall be billed for any work done on a canceled requested Test Materials must be disclosed under or postponed test up to the time CPS HR is notified the applicable public records statute. of such cancellation or postponement, Under certain 3. Client shall cooperate with CPS HR in seeking any circumstances, and in CPS HR's sole discretion, relief necessary to maintain the confidentiality of the credit may be given for work already performed if the Test Materials. test is rescheduled. 4. Client shall indemnify and hold CPS HR harmless 4. CPS HR may charge Client for lost or compromised from and against any and all claims, costs, damages, tests if Test Materials are not timely returned, losses, liabilities and expenses (including reasonable S. Client agrees to and shall pay all invoices within thirty attorney fees and costs) arising out of or in (30) days of receipt of invoice. connection with administration of a test, or with maintaining confidentiality of Test Materials, G. Candidate Inspections J. Term and Termination of Agreement. 1. Test Materials. 1. Term. This Agreement is effective beginning the CANDIDATE INSPECTION OF TEST MATERIALS date it is signed by both parties and continuing for SHALL NOT BE ALLOWED EXCEPT IN CASE OF two years thereafter unless earlier terminated by ANSWER SHEETS AS DESCRIBED BELOW either party as stated below. 2. Answer Sheets. 2. Immediate Termination upon Material Breach. Either (a) If a candidate files a protest regarding the party may terminate this Agreement immediately scoring of his or her test, inspection of a upon any material breach by the other party. For candidate's own answer sheet(s) for the purposes of this Agreement, but without limiting the purpose of detecting whether any clerical or meaning of material breach, any breach of the test other error has been made in the scoring of the security provisions, however minor, shall be answer sheets shall be allowed, upon request considered a material breach. Client understands by the Client, for a 10 -business -day period and acknowledges that immediate termination by immediately following the notification to the CPS HR may result in the withholding or recall of candidate of test results. Test Materials. (b) Candidates are not allowed to review the 3. Termination Without Cause. CPS HR and Client may question booklet during this inspection period. terminate the Agreement without cause upon thirty (c) Not more than one hour will normally be days written notice to the other party. allowed for answer sheet(s) review. A 4. Return of Test Materials. Upon termination of the representative of Client's Personnel or Agreement, Client shall immediately return to CPS Administrative office shall be present to assure HR any Test Materials that it possesses. that no changes or marks of any kind are made by the candidate on the answer sheet(s) or keyed answer sheet. 2- Client Initials 2014 — 2016 CPS HR —Test Rental 2 Year Agreement