HomeMy WebLinkAboutFire & Police Selection, Inc./CFD/$20,000/2023 Applicant TestingOnline Test Terms & Conditions of Lease
Fill-in all information; signature is required. Email all pages to: heidi@fpsi.com (or fax 916.294.4240).
DpnqsfifotjwfFybnjobujpoCbuufszxjuiQsbdujdbmTljmmtUftu)DFC0QTU* ONLINE TEST: _______________________________________________________
Subject to the following terms and conditions, Fire & Police Selection, Inc. (FPSI) hereby agrees to lease to the
DbsnfmGjsfEfqbsunfou-JO Client) the right touse FPSI’sonline entry-level
Nbsdi29-3134testduringtheir24-hour online examination on ____________________________. After this time, the online
test and link(s) will be inaccessible to the Client and applicants. The contract is effective when signed by both
parties. Under this contract, both parties agree to the following terms and conditions:
1. It is expressly understood that in selling the right to use its test(s), FPSI cannot guarantee compliance
with the civil rights laws or the requirements of federal or state enforcement agencies. Nor does FPSI
agree to stand as surety or otherwise immunize the Client from any civil rights liability that may result
from the Client’s use of the test. FPSI recommends to the Client that ajob analysis and validation study
would greatly improve the defensibility of the test(s). FPSI may provide consultation to the Client on a
time-and-charges basis, should its test be challenged.
2. FPSI retains title and ownership of the online test link and test materials. The test link and any
accompanying written materials are protected by United States copyright laws and international treaty
provisions. Therefore, the Client must treat the test link and test materials like any other copyrighted
material (e.g. a book or musical recording). The Client agrees to prevent any unauthorized copying ofthe
test link, test materials, orshared data with any individual outside ofthe Client’s organization.
3. In the event that the Client elects to use the test without any form of proctoring services, the Client
understands that FPSI will not verify the candidates’ identification and recognizes the challenges
associated with unproctored online testing. FPSI has incorporated a number of safeguards to mitigate the
nuances associated with unproctored testing but cannot control for dishonorable behavior. Inthe event
that the Client elects to use the proctoring services offered through FPSI, the Client agrees to pay the
fees for this optional service.
4. The right to use FPSI’s test link and test materials is leased to the Client for the internal use and benefit
of the Client only. The Client agrees not to sell, rent, lease, give, lend, or otherwise disclose or provide
the test link and test materials to any other employer or entity, or use the test link and test materials for the
benefit of any other employer or entity. The test link and test materials may not be reproduced or copied
without the written permission of FPSI. The Client agrees not to provide, disclose, or otherwise reveal
the test link and test materials to any persons except the members of the Client directly and necessarily
involved in test administration selections. If compromised in any capacity, the Client agrees to pay all
validation expenses associated with the materials compromised.
5. The Client is responsible for the security of the test link. It is understood by the Client that any security
breaches may adversely affect FPSI’s future ability to license orlease its test materials. FPSI reserves the
right to terminate the test link without notice if the Client fails tocomply with any provision of this
agreement.
6. The Client agrees that neither its officers, agents, employees, representatives, nor any persons in active
concert participation with it or them, shall modify, adapt, or alter the test materials in any way, or develop
any identical or similar tests without the prior consent, inwriting, of FPSI which shall retain the
copyright to all versions of the test materials.
Online Testing Lease Page 1
Fire & Police Selection, Inc.
www.fpsi.com (888) 990-3473
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
7. The Client agrees toprovide FPSI with a list of qualified candidates to include: First name, last name,
and e-mail address. This list should be provided in an excel spreadsheet to FPSI atleast ten (10) days
prior to the test administration in order for FPSI to generate test links for each applicant on the list
provided bythe Client. The links will beemailed to the applicants once generated.
8. The Client agrees to pay a base fee of $750 as a set-up fee each day (24-hour period) that a test
administration isactive inthe online testing platform. The Client agrees to pay $20 for each test link that
is generated, not test links used. A test link will be generated for each candidate on the list provided by
the Client (which may also include any test link(s) that are generated due to incorrect e-mails provided to
FPSI). The Client agrees to pay a scoring base fee of $50 as a set-up fee to compile the final test scores
and $1 for each candidate that tests. These fees do not include any optional proctoring fees which are
described below.
9. In the event that the Client requires proctoring services during the test administration, it shall identify
which one of the four (4) proctoring options will be implemented; see #10 on Page 3 of this lease to choose
option and allow at least 21 days of notice to FPSI prior to the desired test date.
The fees associated with the optional proctoring services will be charged at the rates described below:
Available
ComingSoon! NOW! AvailableNOW! AvailableNOW!
8 12 $25 40
The Client understands that the fees associated with the Automated Proctoring options described above
will be paid only for those candidates who take the test (i.e., accesses the test link) and agrees to pay the
fees associated with this optional service. The Client understands that the fees associated with the Live
Proctoring options described above will be paid for those candidates who register to take the test,
regardless of whether or not they complete the test and agrees to pay the fees associated with this optional
services. All Live Proctoring options requires adedicated proctor to be available for the scheduled test
time and will be charged in full to the Client for any candidate who fails tocancel their scheduled test
within 24 hours of the test time. The Client understands that Live Premium and Live Standard, which are
scheduled, rescheduled or canceled within 24 hours of examination, shall result in an additional charge of
5.00 (per test-taker per occurrence). Therefore, the Client will be charged $5 for every scheduled Live
Proctoring session that a candidate schedules, cancels, reschedules within 24 hours of the test time.
The Client may be given up to three (3) free test link credits to use for pre-testing purposes for the first
initial set-up if desired.
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Fire & Police Selection, Inc.
www.fpsi.com (888) 990-3473
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
10. In the event that the Client does not elect to utilize the optional proctoring services, FPSI shall score the
test within three (3) business days following the online test administration. FPSI shall provide the Client
with viable cutoff options for the test, none of which are binding to the Client. When possible, FPSI shall
conduct and complete an adverse impact analysis and report this information to the Client in the written
recommendation letter.
In the event that the Client elects to use the Automated Proctoring services, FPSI shall provide the test
results to the Client within five (5) business days following the online test administration. FPSI shall
provide the Client with viable cutoff options and test results for the test, none of which are binding to the
Client. When possible, FPSI shall conduct and complete anadverse impact analysis and report this
information to the Client in the written recommendation letter.
The Client understands that FPSI will not provide recommendations on removing candidates from the
testing process for any violations detected during the Automated Proctoring proctored test, but rather will
provide the Client with those candidates identified as having received violations during the proctored test
and access to the recorded test sessions for their review and determination of removing or maintaining the
candidates in the testing process.
In the event that the Client elects to use the Live Proctoring services, FPSI shall provide the test results to
the Client within seven (7) business days following the online test administration. FPSI shall provide the
Client with viable cutoff options for the test, none of which are binding to the Client. When possible,
FPSI shall conduct and complete an adverse impact analysis and report this information to the Client in
the written recommendation letter.
The Client understands that FPSI will not provide recommendations on removing candidates from the
testing process for any violations detected during the Live Standard proctored test, but rather will provide
the Client with those candidates identified as having received violations during the proctored test and
access to the recorded test sessions for their review and determination of removing or maintaining the
candidates in the testing process. However, if the Client elects to utilize the Live Premium proctoring
option, the proctor will remove candidates from the testing process in ‘real time’ for any violation that
occurs, after ample warnings are provided.
Optional Proctoring Service Selected Please Select One (1)
None
Automated Standard N/A
Automated Premium
Live Standard
Live Premium
11. FPSI will submit an invoice following the test administration closing date and cutoff score recommendation
for the number test links generated and any proctoring service, if applicable. Payment is due upon receipt of
FPSI’s invoice. A service fee of one and one-half percent (1-1/2%) per month (eighteen percent \[18%\] per
year) will becharged on all unpaid balances in excess ofthirty (30) days past due.
12. The Client should report any technical issues or problems with the test to FPSI immediately upon
discovery of such issues and FPSI will rectify the situation. FPSI will at all times respond in the most
rapid manner possible to minimize interruptions to the Client’s testing process for all issues related to its
online test/test materials. The Client agrees to hold harmless FPSI for any technical issue outside of its
control but related to the proctoring service’s “Terms of Use” (attached to this Lease Agreement).
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Fire & Police Selection, Inc.
www.fpsi.com (888) 990-3473
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
13. FPSI regularly conducts statistical evaluations ofall test items. Occasionally, test administrations will
reveal statistical limitation with the effectiveness or fairness of one or more items on a test administration.
FPSI reserves the right to either remove or modify such items when they are identified. Any necessary
changes will first be reported to the Client prior to any modifications to the test content.
14. Should the Client become the subject of any litigation or investigation bystate or federal enforcement
agencies arising from the Client’s use of the Test materials, FPSI may provide consultation on a time-
and-charges basis at such hourly rates asmay then be current.
15. In the event that the Client elects to order paper-and-pencil tests in addition to using the online testing
platform, it shall agree to the following terms described in #16 – 22 below.
16. The Client is responsible for ordering Test Materials at least10 business days prior to the required day of
delivery by the client. The Client is responsible for the security of all Test Materials during the lease
period. It is understood by the Client that any security breaches may adversely affect FPSI’s future
ability to license or lease its Test Materials.
17. The Client agrees to have at least two employees count all written Test Materials and Test Booklets upon
receipt of each and to provide FPSI with email, telephone or facsimile notification within 48 hours of
receipt of any discrepancies between the amount FPSI shipped and the amount the Client received
followed by written notification within five days. If FPSI receives no such notification within the time
period specified, it will be assumed for purposes of this agreement that the Client received a complete
shipment as recorded by FPSI.
18. The Client also agrees to have at least two employees count all Test Materials and Test Booklets being
returned toFPSI, provide FPSI with a written record of the materials being returned and an identification
of those persons who counted them.
19. The Client agrees topay a 15% Cancellation Fee for the cost ofgoods if an order is cancelled after
anytest materials ordered by the Client have been printed and/or shipped to the Client from FPSI.
20. The Client’s lease costs are based on the options selected by the Client and will be determined at the time
of ordering. These charges will be based on current FPSI Rental/Licensor Rates. Orders submitted
within 72 hours of the actual test date will be subject to a Rush Order Fee.
21. The Client must return all used and unused Test Materials and Booklets preferably via Federal Express
FedEx) or United Parcel Service (UPS) to FPSI within twenty (20) business days after each the test
administration and is responsible for the cost of the return. The Client will be charged the current billable
rates for any Test Booklet(s) not returned within twenty (20) business days or that are missing any pages
or whole booklets. This charge is tocover the development cost for a replacement test. If you only have
access to shipping via the United States Postal Service (USPS--Mail) you must use the USPS Tracking
service so all boxes are tracked during the mailing/shipping process.
22. The Client agrees to pay a15% Restocking Fee for unused written test booklets (and Study Guides if
applicable) that are being returned. An unused Test Booklet is one whose seal is not broken, and any
unused Study Guide is one not damaged in the return shipment. If any unused Test Booklet or Study
Guide is damaged from the return shipment due to lack of proper packing or taping of the box, the Client
will pay full price asnoted in our price sheet for each damaged item. The Client will also be charged for
any shipping of materials (at cost).
Signatures Required on the Following Page…
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Fire & Police Selection, Inc.
www.fpsi.com (888) 990-3473
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
Client Information and Signature
City or Department: ____________________________________________________ State: ________
Name: ___________________________________________________________________
Title: ____________________________________________________________________
Email: ____________________________________________________________________
Signature: _______________________________________ Date: _____________________
Fire & Police Selection, Inc. (FPSI)
1:04103133Date:
Signature:
Name: Stacy Bell, M.S. Title: President
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Fire & Police Selection, Inc.
www.fpsi.com (888) 990-3473
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
Approved and Adopted this day of , 20 .
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
DocuSign Envelope ID: C6116F7F-BE53-4F6E-A420-7D7E8247D1BB
October
Not Present
2219th
10/19/2022
10/19/2022
10/19/2022