CONTRACT 6029 Professional Services AgreementAgreement No. 6029
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
CPS HR CONSULTING
This AGREEMENT is made and entered into this 8th day of March 2021, by and
between the CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY")
and CPS HR CONSULTING, a California joint powers authority ("CONSULTANT"). The
parties agree as follows:
1. CONSIDERATION,
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed five thousand dollars ($5,000.00) for CONSULTANT's services. CITY
may modify this amount as set forth below. Unless otherwise specified by written
amendment to this Agreement, CITY will pay this sum as specified in the
attached Exhibit 'A" which is incorporated by reference.
2. SCOPE OF SERVICES,
A. CONSULTANT will provide test rental services per the terms in the attached
Exhibit 'A" which is incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except
as herein otherwise expressly specified to be furnished by CITY, necessary or
proper to perform and complete the work and provide the professional services
required of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will
use the appropriate generally accepted professional standards of practice existing at the time
of performance utilized by persons engaged in providing similar services. CITY will
continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any
deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be
borne by CONSULTANT.
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY detailing the tasks performed.
- 1 -
Agreement No. 6029
5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for
current services are within the current budget and within an available, unexhausted and
unencumbered appropriation of the CITY. In the event the CITY has not appropriated suf-
ficient funds for payment of CONSULTANT services beyond the current fiscal year, this
Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.
6. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
Carefully investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONSULTANT discover any latent or unknown conditions that may
materially affect the performance of the services, CONSULTANT will immediately
inform CITY of such fact and will not proceed except at CONSULTANT's own risk
until written instructions are received from CITY.
7. TERM. The term of this Agreement will be from March 1, 2021, to February 28, 2023.
Unless otherwise determined by written amendment between the parties, this Agreement will
terminate in the following instances:
A. Completion of the work specified in Exhibit "A";
B. Termination as stated in Section 15.
8. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under Section 22
of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written
authorization to proceed, any such professional services are at CONSULTANT's
own risk.
9. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the contracted
-2-
Agreement No. 6029
services. If delay occurs, CONSULTANT must notify the Manager within forty-eight (48) hours,
in writing, of the cause and the extent of the delay and how such delay interferes with the
Agreement's schedule. The Manager will extend the completion time, when appropriate, for
the completion of the contracted services.
10.CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main
body of this Agreement takes precedence over the attached Exhibits; this Agreement
supersedes any conflicting provisions. Any inconsistency between the Exhibits will be
resolved in the order in which the Exhibits appear below:
A. Exhibit: A: Test Rental and Use Terms.
B. Exhibit: B: Budget — Test Rental Division Rates
C. Exhibit: C: CPS HR Special Services
D. Exhibit: D: CPS HR On-line Skills Test Pricing Schedule
E. Exhibit: E: CPS HR On-line Personality Test Pricing Schedule
11.CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the
contract time will be adjusted accordingly. All such changes must be authorized in writing,
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in
the services will be determined in accordance with written agreement between the parties.
12.TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain
during the term of this Agreement, all necessary permits, licenses, and certificates that may be
required in connection with the performance of services under this Agreement.
14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights
CITY may have under this Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant, or condition contained in this Agreement, whether of the same or
different character.
15.TERMINATION,
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's mutual
consent. Notice will be in writing at least thirty (30) days before the effective
termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
-3-
Agreement No. 6029
work performed by CONSULTANT after receiving a termination notice will be
performed at CONSULTANT's own cost; CITY will not be obligated to
compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by
CONSULTANT will, at CITY's option, become CITY's property, and
CONSULTANT will receive just and equitable compensation for any work
satisfactorily completed up to the effective date of notice of termination, not to
exceed the total costs under Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
16. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under
this Agreement, no copies, sketches, or graphs of materials, including graphic art work,
prepared pursuant to this Agreement, will be released by CONSULTANT to any other person
or public CITY without CITY's prior written approval. All press releases, including graphic
display information to be published in newspapers or magazines, will be approved and
distributed solely by CITY, unless otherwise provided by written agreement between the
parties.
17.INDEMNIFICATION.
A. CONSULTANT agrees to the following:
I. Indemnification for Professional Services. CONSULTANT will save
harmless and indemnify and at CITY's request reimburse defense
costs for CITY and all its officers, volunteers, employees and
representatives from and against any and all suits, actions, or
claims, of any character whatever, brought for, or on account of, any
injuries or damages sustained by any person or property resulting or
arising from any negligent or wrongful act, error or omission by
CONSULTANT or any of CONSULTANT's officers, agents,
employees, or representatives, in the performance of this
Agreement, except for such loss or damage arising from CITY's sole
negligence or willful misconduct.
i. Indemnification for other Damages. CONSULTANT indemnifies and
holds CITY harmless from and against any claim, action, damages,
costs (including, without limitation, attorney's fees), injuries, or
liability, arising out of this Agreement, or its performance, except for
such loss or damage arising from CITY's sole negligence or willful
misconduct. Should CITY be named in any suit, or should any claim
be brought against it by suit or otherwise, whether the same be
groundless or not, arising out of this Agreement, or its performance,
-4-
Agreement No. 6029
CONSULTANT will defend CITY (at CITY's request and with counsel
satisfactory to CITY) and will indemnify CITY for any judgment
rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials, employees,
agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 22, and any approval of
said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONSULTANT
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
MASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's
written approval are prohibited and will be null and void.
19.INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will
act as an independent contractor and will have control of all work and the manner in which it is
performed. CONSULTANT will be free to contract for similar service to be performed for other
employers while under contract with CITY. CONSULTANT is not an agent or employee of
CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits
CITY provides for its employees. Any provision in this Agreement that may appear to give
CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a
measure of control over the work means that CONSULTANT will follow the direction of the
CITY as to end results of the work only.
20.AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect
to all services and matters covered under this Agreement. CITY will have free access at all
reasonable times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data, documents, proceedings and activities.
CONSULTANT will retain such financial and program service records for at least three (3)
years after termination or final payment under this Agreement.
21.INSURANCE.
A. Before commencing performance under this Agreement, and at all other times
this Agreement is effective, CONSULTANT will procure and maintain the
following types of insurance with coverage limits complying, at a minimum, with
the limits set forth below:
Type of Insurance Limits
Commercial general liability: $2,000,000
-5-
Agreement No. 6029
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of
the most recent ISO-CGL Form. The amount of insurance set forth above will be
a combined single limit per occurrence for bodily injury, personal injury, and
property damage for the policy coverage. Liability policies will be endorsed to
name CITY, its officials, and employees as "additional insureds" under said
insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by CITY will be excess thereto.
Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or
equivalent. Such insurance will be on an "occurrence," not a "claims made," basis
and will not be cancelable or subject to reduction except upon thirty (30) days
prior written notice to CITY.
C, Professional liability coverage will be on an "occurrence basis" if such coverage
is available, or on a "claims made" basis if not available. When coverage is
provided on a "claims made basis," CONSULTANT will continue to renew the
insurance for a period of three (3) years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy
that was in effect during the term of this Agreement and will cover
CONSULTANT for all claims made by CITY arising out of any errors or omissions
of CONSULTANT, or its officers, employees or agents during the time this
Agreement was in effect.
D, Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement and
such other evidence of insurance or copies of policies as may be reasonably
required by CITY from time to time. Insurance must be placed with insurers with
a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, CITY may obtain such coverage at CONSULTANT's
expense and deduct the cost of such insurance from payments due to
CONSULTANT under this Agreement or terminate pursuant to Section 155.
22. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval
to use any consultants while performing any portion of this Agreement. Such approval must
approve of the proposed consultant and the terms of compensation.
23.INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status
on the project, which will include a schedule update and a short narrative description of
I�
Agreement No. 6029
progress during the past month for each major task, a description of the work remaining and a
description of the work to be done before the next schedule update.
24. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
If to CONSULTANT:
CPS HR Consulting
2450 Del Paso Road, Ste 220
Sacramento, CA 95834
Attention: Test Rental Division
Phone: 916-263-1800
Email: testrental@cpshr.us
If to CITY:
City of El Segundo
350 Main Street
El Segundo, CA
Attention: Human Resources
Phone: 310-524-2381
Email: hr@elsegundo.org
Any such written communications by mail will be conclusively deemed to have been received
by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly
addressed as noted above. In all other instances, notices will be deemed given at the time of
actual delivery. Changes may be made in the names or addresses of persons to whom
notices are to be given by giving notice in the manner prescribed in this paragraph.
25.CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and
regulations including, without limitation, CITY's conflict of interest regulations.
26.SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULTANT's bona fide employee, to solicit or
secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed
to pay any company or person, other than CONSULTANT's bona fide employee, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or
resulting from the award or making of this Agreement. Should CONSULTANT breach or
violate this warranty, CITY may rescind this Agreement without liability.
27.THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally
for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party.
There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's
obligations under this Agreement.
28.INTERPRETATION. This Agreement was drafted in and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
29.COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and
local laws applicable to this Agreement.
30. ENTIRE AGREEMENT. This Agreement, and its Exhibit(s), sets forth the entire
understanding of the parties. There are no other understandings, terms or other agreements
expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the
parties to this Agreement and any subsequent successors and assigns.
7-
Agreement No. 6029
31. RULES OF CONSTRUCTION
this Agreement with legal counsel.
whole, and in accordance with its
either Party.
Each Party had the opportunity to independently review
Accordingly, this Agreement will be construed simply, as a
fair meaning; it will not be interpreted strictly for or against
32.SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
33.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action
has been taken by the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by written
amendment.
34.ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in
connection with this Agreement will be considered signed when the signature of a party is
delivered by electronic (pdf) or facsimile transmission. Such electronic or facsimile signature
will be treated in all respects as having the same effect as an original signature.
35.CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
36.TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
37. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, acts of terrorism, war, embargo, government action, civil or military authority, the
natural elements, or other similar causes beyond the Parties' reasonable control, then the
Agreement will immediately terminate without obligation of either party to the other.
38.STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents
that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to
perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its
financial resources, surety and insurance experience, service experience, completion ability,
personnel, current workload, experience in dealing with private consultants, and experience in
dealing with public agencies all suggest that CONSULTANT is capable of performing the
proposed contract and has a demonstrated capacity to deal fairly and effectively with and to
satisfy a public CITY.
[Signatures on next page]
Agreement No. 6029
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first hereinabove written.
CIT;►F EL SEGU O
cft Mitnick,
City Manager
ATTE
Trac§ Mravar,
City Clerk
APPROVED AS TO FORM:
UA r err
Mark D. Hensley,
City Attorney
CPS HR CONSULTING
andy r . • ...
CWief FiiaTcialOficer
Agreement No. 6029
Exhibit A
TEST RENTAL AND USE TERMS
The following are additional terms and conditions between Cooperative Personnel Services, dba CPS HR
Consulting, a California Joint Powers Authority (herein "CPS HR') and the City of El Segundo (herein "Client").
A. Purpose. This Agreement defines CPS HR test rental,
evidence of or related to the breach, whether
use and security policies and procedures.
physical or electronic.
CPS HR develops and rents tests for a number of
E. Test Review, Ordering and Administration.
purposes and in a number of formats (including but not
1. Review Copies. Review of CPS HR tests, regardless
limited to print and electronic media). For that reason,
of format, is subject to the test security standards.
some of the below paragraphs apply under certain
circumstances. But, unless specifically limited, each
(a) Test Rental Division: help in deciding
paragraph applies to all testing purposes and formats.
whether to rent exams, Client may review CPS
l
HR stock tests and other stock test materials
B. Ownership of CPS HR Tests.
free of charge (e.g., stock supplements,
1. CPS HR owns all rights, title and interest, including
structured interview packages, and specialized
copyrights, in all tests provided under this
item sets).
Agreement. They are the property of CPS HR and
(b) SLPP: CPS HR does not offer review copies of
shall remain the property of CPS HR, even while in
the Spanish Language Proficiency Program
the custody of Client.
(SLPP) tests. However, for new clients, CPS
2. Additionally, tests that have been constructed or
HR can provide a sample written test booklet
modified based on information provided by the client
showing the different components of the test.
shall not be considered works made for hire, as that
(c) On-line Testing: To help in deciding whether
term is defined under U.S. Copyright Law. CPS HR
to utilize on-line testing, Client may review
shall own all rights, title and interest, including the
sample on-line tests free of charge.
copyright, in any test it creates for the Client.
2. Ordering Testing Materials and Scheduling of
3. Ownership of tests specifically developed for a client
Examinations.
and of individual test questions supplied by Client, if
(a) Test Rental Division:
any, shall be governed by a separate Agreement
between CPS HR and Client.
(i) To ensure materials are received in time,
C. Test Materials. Test Materials consist of all used and
Client must notify CPS HR at least 10
unused test booklets, proctors instructions, proctors
business days prior to the test date of the
manuals, scoring instructions, key sheets, key overlays,
total number of candidates in each job
keyed booklets, scoring keys, instructions, CDs (for oral
classification to be tested. If orders are
tests), and any other materials generated at the test
placed less than 10-business-days prior to
administration, such as completed answer sheets (if
the test date, rush shipment charges may
applicable), scratch paper, note paper and the like.
apply and timely delivery cannot be
guaranteed.
D. Test Security. CPS HR security standards are designed
re Client shall rent t one test booklet per
to protect the mutual interests of all Clients that use Test
candidate tested. CPS HR shall
Materials as well as the interests of applicants who take
CPS HR tests. In order that no person may gain special
provide Client with Test Materials including
advantage by having improper access to the material, all
instructions for administering the test,
users must sign this Agreement and agree to fulfill its
sufficient test booklets and any other
terms, before the Agreement is effective.
material CPS HR deems necessary.
1. Client agrees to take all reasonable and diligent
(b) On-line Testing:
steps to keep CPS HR tests, sample tests, and
(i) To ensure Client equipment is functioning
testing processes confidential and free from
and capable of administering on-line
unauthorized access and use. This includes, but is
testing, Client must request testing from
not limited to, client agreeing not to divulge, convey,
CPS HR at least 10 business days prior to
copy in whole or part, duplicate, convert to another
the test date on the first time Client utilizes
format or medium, or otherwise disseminate tests,
on-line testing. After Client has successfully
portions of tests, or test materials.
used on-line testing, 5 working days notice
2. For on-line tests, client further agrees to take all
is normally sufficient for subsequent testing.
reasonable and diligent steps to prevent any
(ii) Client recognizes that CPS HR has no
modification to or reverse engineering of the testing
control over the functioning of the internet,
software, and any transfer, storage or dissemination
and any problems with on-line testing due
of tests or testing software and data on any storage
to the failure thereof are not attributable to
medium or computer server other than those
CPS HR.
specifically authorized by CPS HR.
3. Should Client suspect any breach of test security,
Client agrees to immediately notify CPS HR and
immediately take all steps necessary to preserve
-10-
Agreement No. 6029
3. After the test date.
(a) Test Rental Division:
(i) Within 10 business days of the test date,
Client shall return to CPS HR all Test
Materials including all materials provided by
CPS HR for the test administration.
(ii) Client shall not reuse printed tests on the
test date or on any other date but shall
return Test Materials to CPS HR, whether
or not the test was administered.
(b) On-line Testing:
(i) After the scheduled test date(s), CPS HR
will suspend access to the on-line test site.
(ii) Within 10 business days of the test date,
Client shall destroy all CPS HR Test
Materials including scratch paper and note
paper in a way that make the materials
unrecoverable.
F. Billing, Pricing, and Payment.
1. CPS HR shall bill Client at the billing address
provided in Exhibit A-1, unless notified in writing of a
new billing address.
2. The bill shall be derived from the most current
applicable Rate Sheet (s): Exhibit B for Test Rental,
Exhibit C for Special Services, Exhibit D for Online
Skills, and Exhibit E for Personality. Client
acknowledges and understands that the Test Price
List(s) are only effective as of the date shown each of
them and are subject to change.
3. Client shall be billed for any work done on a canceled
or postponed test up to the time CPS HR is notified
of such cancellation or postponement. Under certain
circumstances, and in CPS HR's sole discretion,
credit may be given for work already performed if the
test is rescheduled.
4. CPS HR may charge Client for lost or compromised
tests if Test Materials are not returned according to
3(a) above. Client shall be liable for the actual cost
associated with the creation of a substantially similar
replacement test up to a maximum of $15,000.
5. Client agrees to and shall pay all invoices within thirty
(30) days of receipt of invoice.
6. Credits. For each unopened package of stock exams
that is returned, a $35.00 credit will be generated that
can be applied towards the current or future test
order. Credit has no cash value and will expire 12
months after the issue date.
G. Candidate Inspections
1. Test Materials.
CANDIDATE INSPECTION OF TEST MATERIALS
SHALL NOT BE ALLOWED EXCEPT IN CASE OF
ANSWER SHEETS AS DESCRIBED BELOW
2. Answer Sheets.
(a) 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.
(b) Candidates are not allowed to review the
question booklet during this inspection period.
(c) Not more than one hour will normally be
allowed for answer sheet(s) review. A
representative of Client's 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.
H. Client Responsibilities.
1. Client shall perform all parts of the testing process
which are not performed by CPS HR. 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 local validation efforts (e.g., SME
review, job analysis studies) and 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 or have access to Test Materials in any
capacity for Client shall do so in compliance with this
Agreement, and are trained to handle Test Materials
and administer tests before they do so.
3. CPS HR retains score reports for 60 days after each
test administration date. Test users must maintain
the appropriate documentation of score report
information for agency record purposes.
I. Legal Proceedings Involving Test Materials.
1. If Client receives notice of any administrative or court
proceeding involving a CPS HR test, or a request for
disclosure of Test Materials, such as a subpoena, or
a public records or freedom of information request,
Client shall notify CPS HR of such request
immediately and well before a response is due.
2. Upon CPS HR 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.
3. Client shall cooperate with CPS HR in seeking any
relief necessary to maintain the confidentiality of the
Test Materials.
4. Client shall indemnify and hold CPS HR harmless
from and against any and all claims, costs, damages,
losses, liabilities and expenses (including reasonable
attorney fees and costs) arising out of or in
connection with administration of a test, or with
maintaining confidentiality of Test Materials.
J. Termination of Agreement.
1. Return of Test Materials. Upon termination of the
Agreement, Client shall immediately return to CPS
HR any Test Materials that it possesses.
- 11 -
Agreement No. 6029
Exhibit A-1
Authorized Representative(s) (use an additional page if needed) By signing as an Authorized Representative, I affirm
that I will handle all CPS HR Test Materials in accordance with the terms of the CPS HR Test Rental Agreement then in effect.
Name, Title Signature
E-mail Address Phone Number
Name, Title Signature
E-mail Address Phone Number
Name, Title Signature
E-mail Address Phone Number
Name, Title Signature
........ ........
E-mail Address Phone Number
Name, Title Signature
E-mail Address Phone Number
II. Billing Contact
Conter±t tame
City, State, Zip
Phone Number
III. Physical Address
Agency / Department Name
Street Address, City,
-12-
Agreement No. 6029
Exhibit B
CPS HR Test Rental Division Rates
Effective January 2020 - Subject to Change
Base Fee (per order) $
$295.00
$595.00
$995.00
$350.00
1-100 Candidates (per candidate)
$9.00
$14.00
$15.00
$10.00
101-500 Candidates (per candidate)
$8.50
$13.00
$14.00
$9.50
501+ Candidates (per candidate)
$8.00
$12.00
$13.00
$9.00
New Item Writing/Entry
N/A
N/A
$35 per item
N/A
Pick Up/Handling
5%
5%
5%
5%
Standard Shipping/Handling ""
10%
10%
10%
10%
Expedited Shipping/Handling *'
15%
15%
15%
15%
Shipping outside contiguous U.S.
20%
20%
20%
20%
'CPS HR will apply a credit of $35.00 for each UNOPENED package of Stock Exams of test booklets
on the current or future STOCK test order (see additional terms listed on F.6.).
"*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.
* Base fee includes the following at no additional charge: Proctor's Manual, Scoring Manual, CPS HR
Scoring, CPS HR answer sheets and a scoring report.
* The one time set-up fee will be applied for the first online administration of a semi -stock, agency or
custom test.
* All exams must be administered in a proctored environment
-13-
Agreement No. 6029
Agreement No. [City Clerk assigns]_
Exhibit C
CPS HR Special Services
Effective January 2020 - Subject to Change
Cover Change — Stock Exams Only
$100 base fee (unopened returned books will NOT qualify for a credit)
Re-Scoring/Hand-Scoring of Answer Sheet
$ 30.00 (Requested directly by Agency)
Review Copies (Hardcopies sent via Fed Ex)
$25.00 per order (online review copies are provided at no charge)
Scoring Keys
$10.00 per Overlay, Key Sheet provided at no additional cost
Spanish Language Proficiency Oral Exam
$295.00 Base Fee + $120 per candidate (Professional Scoring Included)
Stock Supplements
$ 2.00 per book when ordered with a Stock test
Structured Interview Packages
$595.00 Base Fee + $15.00 per candidate
Supplemental Orders
$25 base fee, candidate count fee, and shipping/handling
Writing Proficiency Exam
$ 350.00 Base Fee + $ 15.00 per candidate (Professional Scoring
included
CALL FOR DETAILS - Billed at the following rates
Non -specified special Services
Consultant Time $130 an hour
Technician Time $ 75 an hour
-14-
Agreement No. 6029
Agreement No. [City Clerk assigns]_
Exhibit D
CPS HR On-line Skills Test Pricing Schedule
Effective January 2020 - Subject to Change
*Standard exam contains items from Advanced, Intermediate and Beginner
** Simulation exam contains items from Expert, Advanced, Intermediate and Beginner
Contact us for a full list of available exams
-15-
Agreement No. 6029
Agreement No. [City Clerk assigns]_
Exhibit E
CPS HR On-line Personality Test Pricing Schedule
Effective January 2020 - Subject to Change
Test Rental Contact Information:
CPS HR Consulting
Attn: Test Rental Division
2450 Del Paso Rd., Ste. 160, Sacramento CA 95834
Telephone: 916.263.1800 / Toll Free 866.867.5272
Fax: 916.921.6240 / E-mail testrental@gpshr.us