HomeMy WebLinkAboutCOOPERTATIVE PERSONNEL SERVICES, DBA CPS HUMAN RESOURCES 1 - 2008
N-2008-014
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
DATE: FEB 1 2 2008
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Hurnan Resource Services
TEST RENTAL AGREEMENT
This Test Rental Agreement (Agreement) is by and between
Cooperative Personnel Services, dba CPS Human Resource
Services, a California joint powers authority (CPS), with
offices at 241 Lathrop Way Sacramento, CA 95815 and the
City of Santa Ana, 20 Civic Center Drive (M-30), P.O. Box
1988, Santa Ana, CA 92702. (Agency, hereafter referred to as
Client), and is effective as of the date it is signed by both
parties.
3. Return of Test Materials Within two weeks of the test
date, Client shall return to CPS all Test Materials including
all materials provided by CPS for the test adrninistration, all
used and unused test booklets, proctors instructions,
proctors rnanuals, scoring instructions, key sheets, key
overlays, keyed booklets, scoring keys, instructions, and any
other materials generated at the test adrninistration, such as
cornpleted answer sheets (if applicable), scratch paper, note
paper and the like.
A. Purpose. This agreement defines CPS test rental and
security policies and procedures. CPS test rental
security standards are designed to protect the rnutual
interests of all Clients that use test materials, as well
as the interests of applicants who take CPS tests. In
order that no person may gain special advantage by
having irnproper access to the material, CPS requires
that all users sign this agreement and fulfill its terms.
4. No Re-Use of Test Materials. Client shall not reuse the
tests on the Test Date or on any other date but shall return
Test Materials to CPS within two weeks of the Test Date,
whether or not the test was adrninistered.
B. Ownership of CPS Tests. Client understands and
acknowledges that CPS owns all rights, title and
interest, including copyrights, in all CPS Tests,
including stock, semi-stock, custom, and semi-custom
tests. All CPS Tests that are provided under this
Agreement are the property of CPS and shall remain
the property of CPS, even while in the custody of
Client. Additionally, semi-stock and semi-custom tests
that have been constructed 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 shall own all rights, title and
interest, including the copyright, in any test it creates
for the Client. Therefore, Client shall only be allowed
to use such tests in accordance with the terms of this
Agreement. Ownership of individual test questions
supplied by Client, if any, shall be governed by a
separate agreement between CPS and Client.
5. Pricing. In consideration of CPS' performance of the
testing services set forth in Exhibit A of this Agreement,
Client agrees to pay CPS in accordance with the Written
Test Price List in effect at the time of the rental
arrangements. Client acknowledges and understands that
the prices set forth in Exhibit A are only effective as of the
date shown on Exhibit A and are subject to change. CPS
shall bill Client at the billing address set forth herein.
Client shall be billed for any work done on a canceled or
postponed test up to the time CPS is notified of such
cancellation or postponement according to the prices in
Exhibit A. Under certain circumstances, and in CPS' sole
discretion, credit may be given for work already performed if
the test is rescheduled.
6. No Routine Candidate Test Materials Inspection. NO
CANDIDATE INSPECTION SHALL BE ALLOWED OF TEST
MATERIALS
1. Review Copies. Client will be allowed to review
CPS stock tests and other stock test materials (e.g.,
stock supplements, structured interview packages, and
specialized item sets) free of charge. Client
understands and acknowledges that the confidentiality
of all Review Copies that CPS supplies is crucial to the
continued usefulness of such materials. Therefore,
Client shall be responsible for the security of all
Review Copies and shall hold and store the Review
Copies in a manner that will prevent loss and/or
unauthorized access. Client is under no obligation to
purchase exams after review. Client shall not
reproduce any portion of a Review Copy under any
circumstances.
7. Candidate Answer Sheet(s) Inspection. 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.
C. Test Review, Ordering and Administration.
Candidates are not allowed to review the question booklet
during this inspection period.
Not more than one hour will normally be allowed for answer
sheet(s) review. A representative of Clients Personnel or
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.
2. Ordering Testing Materials and Scheduling of
Examinations. At least 10-business-days prior to the
test date, Client shall notify CPS of the total number of
candidates in each job classification to be tested. If
orders placed less than 10-business-days prior to the
test date are processed, additional charges will apply.
Client shall rent one test booklet per candidate to be
tested. CPS shall provide Client with Test Materials
including instructions for administering the test,
sufficient test booklets and any other material CPS
deems necessary.
8. Payment of Charges. Client will compensate CPS for
Services by paying certain fees as set forth in Exhibit A.
Client will pay all invoices within thirty (30) days from receipt
of invoice.
9. Late Payment. Any invoices not paid within thirty (30)
days may incur a service charge of the lesser of two percent
(2%) or the maximum allowable by law per month on any
outstanding overdue balances. In addition, collection costs
may be added to any invoice not paid within ninety (90)
days.
D.
Client Responsibilities and Indemnification.
1. Client shall perform all parts of the testing
process which are not performed by CPS. 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 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 Test Materials in any capacity for Client
shall do so in compliance with this Agreement.
3. Subject to any applicable state Tort Claims Act,
Client shall be responsible for any damage or any third
party liability which may arise from the administration
of a test to the extent of liability arising out of the
negligence of Client.
E.
Security of Testing Materials.
1. Test Security. Client understands and
acknowledges that the confidentiality of all Test
Materials that CPS supplies is crucial to the continued
usefulness of such Test Materials. Therefore, Client
shall be responsible for the security of all Test
Materials and shall hold and store the Test Materials in
a manner that will prevent loss and/or unauthorized
access. In addition, Client shall not reproduce test
booklets or test questions under any
circumstances.
2. Legal Proceedings Involving Test Materials. If
Client receives a request for disclosure of Test
Materials, such as a subpoena, or a public records or
freedom of information request, Client shall notify CPS
of such request immediately and well before a
response is due. Upon CPS 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.
Client shall cooperate with CPS in seeking any relief
necessary to maintain the confidentiality of the testing
materials. CPS shall defend, indemnify and hold Client
harmless from any claim or administrative appeal,
including costs, expenses, and any attorney fees,
related to CPS pursuing protection of the Test
Materials from disclosure.
F.
Term and Termination of Agreement.
1. Term. The term of this Agreement is one year from
its Effective Date.
2. Immediate Termination upon Material Breach.
Either party may terminate this Agreement
immediately 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 may
result in the withholding or recall of Test Materials.
2
3. Termination Without Cause. CPS 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 any Test
Materials that it possesses.
G.
Miscellaneous.
1. Notices. Any notice to the parties required or
permitted under this Agreement shall be given in writing and
shall be sent to CPS at 241 Lathrop Way, Sacramento, CA
95815. or to Client at Clerk of the Council, 20 Civic Center
Plaza (M-30), P.O. Box 1988, Santa Ana, CA 92701.
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) If either CPS or Client determines to file a judicial action,
then, in addition to any other remedies available at law or in
equity to the parties for breach of this Agreement, Client
acknowledges that breach of this Agreement may result in
irreparable harm to CPS 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 shall be entitled to seek equitable relief, including
injunction.
(C) This Agreement has been executed and delivered in the
State of California and the validity, interpretation,
performance, and enforcement of any of the clauses of this
Agreement shall be determined and governed by the laws of
the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action
or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
3. 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.
4. 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.
5. 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.
6. 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.
I. Principal Signer By signing below, I represent the below-named person(s) is (are) authorized to handle CPS Test Materials on
Clients behalf and shall handle the CPS Test Materials in accordance with the terms of the CPS Test Rental Agreement currently in effect.
Mike Ernandes
Name and Title Signature
City of Santa Ana -Personnel Services Agency
Agency
mernandes@santa-ana.org
E-Mail
20 Civic Center Plaza,
Street Address, City, State, Zip
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(714) 647-5343
Phone Number
PO Box 1988, Santa Ana, Ca
(714) 647-6930
Fax Number
92702-1988
II. Additional Signees
Name, Title
Ellen Smiley, Senior Personnel Analyst
Donna Slupik, Senior Personnel Analyst
Waldo Barela, Personnel Analyst
Maribel Carmona, Personnel Technician
E-mail Address
esmiley@santa-ana.org
dslupik@santa-ana.org
wbarela@santa-ana.org
mcarmona@santa-ana.org
III. Billing Contact
Name and Title
Waldo Barela, Personnel Analyst
Agency
City of Santa Ana-Personnel
E-Mail
wbarela@santa-ana.org
Street Address, City, State, Zip
20 Civic Center Plaza,PO Box 1988, Santa Ana, CA
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Services Agency
Phone Number
(14)647-5357
Fax Number
(14)647-6930
92702-1988
COOPERATIVE PERSONNEL SERVICES DBA
CPS HUMAN RESOURCE SERVICES,
A CALIFORNIA JOINT POWERS AUTHORITY
CITY OF SANTA ANA
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DAVID N. RE ,City anager
Matt Gruver
Senior Manager
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Exhibit A
CPS Test Services Rates (Effective January 1, 2008)
NOTE: Prices are Subject To Change
5%
SEMI-STOCK SEMI-CUSTOM
TEST*" TESTS"
$595.00 $995.00
$14.00 $15.00
$13.00 $14.00
$12.00 $13.00
N/A $35 PER ITEM
$300.00 (minimum) $300.00 (minimum)
5% 5%
10% 10%
15% 15%
20% 20%
Cancellation Fee
$295.00
$9.00
$8.50
$8.00
N/A
$300.00
$395.00
$10.00
$9.50
$9.00
N/A
$300.00
Base Fee (per order)
1 - 100 Candidates (per candidate)
101 - 500 Candidates (per candidate)
501 + Candidates (per candidate)
New Item Writing/Entry
Pick Up/Handling
Standard Shipping/Handling ***
Expedited Shipping/Handling ***
5%
10%
10%
15%
15%
Premium Shipping/Handling ***
Shipping outside contiguous U.S.
20%
20%
CALL FOR DETAILS
Entry Law/Fire Candidate Preparation Manuals
Structured Interview Packages
Quantity Per Booklet/Candidate Fee
Base Fee: $ 595.00
10 -1000
1001+
$ 3.00
$ 2.00
Per Candidate Fee:
1 - 500 $7.50
500 + $5.00
*Stock tests are prepackaged and are available only in packages of ten booklets. CPS will apply a credit of $35.00 for each fullv oaid
UNOPENED oackaae of test booklets on the to your agency's current STOCK test order. Clients with 49 candidates or less are billed at
the number ordered or the number actually tested, whichever is greater.
.. ALL*ALL REQUIRE JOB ANALYSIS WORKBOOKS
***For stock and agency exams: 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. Orders placed less than 3 business days prior to the test
date will be charged at the premium shipping rate.
***For semi-stock and custom exams: standard shipping applies to orders placed at least 15 days prior to test date. Expedited shipping
applies to orders placed less than 15 business days prior to the test date. (Please note that an additional 5% fee will be charged to test
orders placed less than 3 days prior to the test date.) Orders placed less than 5 business days prior to the test date will be charged at the
premium shipping rate.
Stock Supplements $ 2.00 per book when ordered with a Stock test
Writing Proficiency Exam $ 350.00 Base Fee + $ 15.00 per candidate (Professional Scoring included)
Cover Change of Stock or Agency Test $ 100.00 + $ .50 per book
Scoring Keys and Scoring Overlays $ 10.00 per key or overlay
Faxing/Emailing of Test Results $ 20.00/ $30.00
Re-Scoring/Hand-Scoring of Answer Sheet $ 25.00 (Requested directly by Agency)
Non-specified special services CALL FOR DETAILS (Billed at applicable hourly rate)
SPECIAL SERVICES
ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY)
6/19/2008
PRODUCER Phone: 800-234~6363 Fax: 916-925-3595 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Jenkins Athens Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
License # 0545478 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 13847 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Sacramento CA 95853
INSURERS AFFORDING COVERAGE NAIC#
-
INSURED INSURER A: Travelers Casual tv & Sure tv Co
Cooperative Personnel Services INSURER B: Travelers Property Casual tv 1>5674
dba CPS, Human Resource Services
241 Lathrop Way INSURERC:
Sacramento CA 95815 INSURER D:
INSURERE"
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR II..~~'; - POLICY EFFECTIVE P~i.!WEXPIRATION --
LTR POLICY NUMBER LIMITS
B X ~ERALLIABlLlTY P6307704A197 7/1/2008 7/1/2009 EACH OCCURRENCE . 1 000 000
lLpMMERCIAL GENERAL LIABILITY ~~~~IS~~(E~~~~~nce\ '500 000
_ CLAIMS MADE [i] OCCUR MED EXP (Anyone person) '10 000
- PERSONAL &ADVINJURY 11 000 OOQ_
- GENERAL AGGREGATE . 2 000 000
~LAGG~~E ~IMIT APPLIES PER: PRODUCTS - COMP/OP AGG '2 000 000
POLICY ~~PT ~ LOC
B AUTOMOBILE LIABILITY P8107704A197 7/1/2008 7/1/2009 COMBINED SINGLE LIMIT
R (Eaaccident) '$1,000,000
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
(Per person) .
b SCHEDULED AUTOS
~ HIRED AUTOS I BODILY INJURY .
~ NON-OWNED AUTOS (Per accident}
I I i PROPERTY DAMAGE Is
f-- -- -I
(Peraccrdenl)
L~GE LIABILITY AUTOONL Y - EAACCIDENT .
ANY AUTO OTHER THAN EAACC . ---
. I AUTO ONLY: AGG .
B ~ESSIUMBRELLA LIABILITY PFSEX7704A197 7/1/2008 7/1/2009 EACH OCCURRENCE '5 000 000
X OCCUR Q CLAIMS MADE , AGGREGATE '5 000 000
P DEDUCTIBLE .
.
I RETENTION . .
A WORKERS COMPENSATION AND PACRUBl176A22008 7/1/2008 7/1/2009 X I T~~~TfHI~-" I I OJbl-
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT 11 000 000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE + EA EMPLOYEE $I 000 000
If yes. describe under E.L. DISEASE - POLICY LIMIT $1. nnO 000
SPECIAL PROVISIONS below
OTHER I
I i
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
E, '1'9Ct S':'L", ko::ul..d-l. lO-day notice of cancellation will apply if cancelled for non-payment of premium.
1,~\J--<v~I\J:.~
CERTIFICATE HOLDER
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CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY
WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
NAMED TO THE LEFT.
'.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001108)
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the tenms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)