HomeMy WebLinkAboutContracts & Agreements_49-1991_CCv0001.pdf GENERAL MANAGEMENT IN-BASKET' (ALL VERSIONS) TEST RENTAL
AND SECURITY AGREEMENT
This Agreement, entered by and between:* The City of Redlands,
California, hereinafter referred to as CLIENT, and Management &
Personnel Systems, Inc. , hereinafter referred to as CONTRACTOR,
pertains to the rental by CLIENT of CONTRACTOR'S copyrighted
General Management In-Basket (Series 100) , as well as any parallel
forms or versions of the Series 100 General Management In-Basket
that CONTRACTOR may supply.
Now, whereas CLIENT desires to rent CONTRACTOR'S Series 100 General
Management In-Basket for use in examining candidates solely for
CLIENT'S own job classifications, CONTRACTOR agrees to rent the in-
basket to CLIENT, and score it, on a candidate-by-candidate basis
on the terms and conditions herein specified.
The CLIENT and CONTRACTOR hereby agree as follows:
I. CONTRACTOR AGREES
1. CONTRACTOR agrees to rent for a period of one year from the date
this Agreement takes effect the General Management In-Basket
(Series 100-All Versions) to CLIENT for CLIENT'S use in
administering to CLIENT'S job applicants and/or employees taking
the test for internal departmental evaluation or developmental
purposes.
2 . CONTRACTOR agrees to respond to CLIENT orders by shipping the
number of in-baskets ordered so that CLIENT will have the
required in-baskets prior to the scheduled test date. All in-
baskets will be shipped in test envelopes with answer forms
enclosed.
3 . CONTRACTOR agrees to supply one master copy of all necessary
administration instructions and forms for use by CLIENT in
administering the test.
4 . CONTRACTOR agrees to score candidate tests and prepare a rank-
ordered list of candidates.
5. CONTRACTOR agrees to prepare a GMIB Score Profile (bar chart)
for each candidate who takes the in-basket.
6. CONTRACTOR agrees to prepare, if so ordered by CLIENT, GMIB
Narrative Reports on any or all candidates specified by CLIENT.
CONTRACTOR shall also supply one master copy of CONTRACTOR'S
document entitled: "The General Management In-Basket (GMIB) :
Guidance for Interpreting Feedback Reports", which CLIENT may
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reproduce in whole or in part for each candidate or for each
departmental manager or selecting official who is reviewing the
results of the in-basket test.
7 . CONTRACTOR agrees to ship in-baskets to test monitors arranged
by CLIENT, at locations other than CLIENT'S, so that CLIENT may
examine candidates any place in the United States, provided that
CLIENT follows CONTRACTOR'S established "location" testing
procedures which are specified in section II of this Agreement.
8 . CONTRACTOR agrees, upon CLIENT'S request, to assist in defense
of the General Management In-Basket at times which are mutually
agreeable. Also, CONTRACTOR shall respond to any legal process
or administrative process or proceeding upon service or upon
notice by CLIENT. Such work by CONTRACTOR in defending the
General Management In-Basket might include, but not be limited
to, responding to interrogatories, giving a deposition at the
request of CLIENT or in response to a subpena by the party
bringing the action, appearing before an administrative body,
testifying in court or any other forum or proceeding.
CONTRACTOR'S prevailing hourly rate for all such work and travel
time is specified in section III of this Agreement.
II. CLIENT AGREES
1. The CLIENT expressly acknowledges CONTRACTOR'S copyright on the
General Management In-Basket, as well as any similar versions
or parallel forms of the General Management In-Basket, and
CLIENT agrees not to use CONTRACTOR'S original ideas, including
the in-basket scenario, content of the in-basket items, or
scoring format, to develop a similar version of CONTRACTOR'S
General Management In-Basket for any purpose.
2 . CLIENT expressly agrees that it does not have the right to
modify CONTRACTOR'S General Management In-Basket for any
purpose.
3 . CLIENT agrees to keep the General Management In-Basket, as well
as any other parallel form or version of said in-basket that
CONTRACTOR may supply, in locked file cabinets and take every
reasonable precaution to insure that none of the tests is stolen
or lost, including the following precautions during actual
administration of the in-basket: (a) CLIENT will enter an
identification number on each in-basket and record the name of
the candidate receiving the in-basket on a Test Control Sheet
to be supplied by CONTRACTOR; (b) each candidate will sign the
Test Control Sheet next to the space indicating the assigned
identification number; (c) CLIENT will insure that each
candidate turns in all pages of the in-basket and attest to this
by having a test monitor initial next to each candidate's name
on the Test Control Sheet when the candidate finishes the test
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and returns the in-basket to the monitor; (d) CLIENT will
provide sufficient monitors during administration of the in-
basket to insure that no candidate removes the in-basket or any
portion of it from the test room during or after the test; and
(e) CLIENT will forward a copy of the Test Control Sheet to
CONTRACTOR along with all in-baskets to be scored. All in-
baskets which were received by CLIENT must be returned to
CONTRACTOR, whether used or not.
4 . CLIENT agrees that it will not reproduce or copy the General
Management In-Basket, or any parallel form or similar version
of it supplied by CONTRACTOR, in any manner whatsoever,
including but not limited to the use of a reproduction machine
or handwritten or typed notes or copies of any portion of said
in-basket.
5. CLIENT agrees that the General Management In-Basket, or any
parallel form or version of it that CONTRACTOR may supply, may
only be used by CLIENT in conducting examinations for CLIENT'S
own job classifications and/or for use in evaluating current
employees for management information or employee developmental
purposes.
6. CLIENT agrees that it will not permit the review of, nor provide
the General Management In-Basket or any portion of it to, any
private individual, any candidate or other individual who has
taken the test (e.g. , employee who took the test for
developmental purposes) , or to any representative of a
candidate, or to any internal or external administrative body,
for any reason. These provisions also apply to completed
candidate answer forms, as well as any parallel form or similar
version of the General Management In-Basket that CONTRACTOR may
supply to CLIENT. Moreover, CLIENT understands and agrees that
CONTRACTOR will not make any GMIB rating system guidance or
completed candidate answer forms for the items included in the
General Management In-Basket, or any parallel form or version
of said in-basket, available to any candidate, or any employee,
or any candidate or employee representative, or to any internal
or external administrative body, or to any representative of any
other organization that may request said answers unless ordered
by a court to do so under conditions that will not compromise
said test(s) , with said conditions being acceptable to
CONTRACTOR.
7 . CLIENT agrees to immediately notify CONTRACTOR of any pending
administrative or legal proceedings, or any such actual
proceedings that are initiated with regard to the General
Management In-Basket, including any parallel form or similar
version that CONTRACTOR may supply.
8. As part of the ongoing data base updating by CONTRACTOR for the
General Management In-Basket, CLIENT agrees to complete the
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Candidate Profile Sheet supplied by CONTRACTOR, identifying the
race and sex of candidates, and supply this information to
CONTRACTOR along with the Test Control Sheet referenced in II
(3) above.
9. CLIENT agrees to follow CONTRACTOR'S standard test
administration instructions and procedures.
10. CLIENT agrees to forward to CONTRACTOR all used and unused in-
baskets, along with completed candidate answer forms, in a box
or suitable container to the address supplied by CONTRACTOR
within five (5) days of the examination.
11. Should CLIENT desire to use the General Management In-Basket to
test candidates at locations other than CLIENT'S, by arranging
to have test monitors who are not employed by CLIENT administer
the in-basket, CLIENT will forward to CONTRACTOR the exact name,
title and mailing address of each test monitor and the candidate
to be tested by each monitor. CLIENT also agrees to forward a
copy of CONTRACTOR'S Test Administration Agreement to each test
monitor, obtain the original copy signed by each test monitor,
then forward the original of said Test Administration Agreement
to CONTRACTOR prior to any shipments of in-baskets by CONTRACTOR
to said test monitors. All test monitors must be employed in
the personnel department of a federal, state or local government
agency and may not be private sector, college or university
employees.
12 . CLIENT agrees to use Airborne or Federal Express or such other
carrier as CONTRACTOR may designate for test control and
security purposes in shipping in-baskets back to CONTRACTOR.
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III. COSTS
1. CLIENT agrees to pay a non-refundable fee of $370.00 (three
hundred seventy and 00/100 dollars) for the first in-basket
ordered, whether used or not ($300 overhead/file start-up +
$70. 00 for rental/scoring of the first in-basket) .
2 . For any in-baskets rented and forwarded by CLIENT to CONTRACTOR
for scoring within one year of the date this Agreement is signed
by CONTRACTOR, the following rates will be in effect: $25 rental
per in-basket; and $45 for scoring of each in-basket.
3 . CLIENT agrees to pay the actual cost of shipping and handling
in-baskets and other correspondence (i.e. , results and/or
narrative reports) related to a specific examination plus $5. 00
(five and 00/100 dollars) for clerical time for each separate
mailing/shipment to CLIENT'S location.
4 . CLIENT agrees to pay for all shipping costs when sending in-
baskets back to CONTRACTOR.
5. CLIENT agrees to pay $12.00 additional for the rental of each
in-basket shipped to a test monitor at a location other than
CLIENT'S.
6. CLIENT agrees to reimburse CONTRACTOR for shipping costs
incurred by CONTRACTOR in shipping and receiving in-baskets to
or from test monitors arranged by CLIENT.
7 . CLIENT agrees to pay $75. 00 (seventy five and 00/100 dollars)
for each GMIB Narrative Report prepared by CONTRACTOR at
CLIENT'S request.
8 . CLIENT agrees to pay the in-basket rental rate of $25.00 (twenty
five and 00/100 dollars) for each unused in-basket test returned
by CLIENT unless it is in original condition when received by
CONTRACTOR; all in-baskets, whether used or not, must be
returned by CLIENT.
9. CONTRACTOR'S fee for assisting in the defense of the General
Management In-Basket shall be $125. 00 per hour during the
initial one year term of this Agreement, such time to include
professional review time, court appearances or other activities,
with travel time billed at one-half this rate, plus the actual
cost of travel, lodging, and subsistence. After the initial one
year period of this Agreement, CONTRACTOR will be paid its
prevailing rate for such services.
10. All fees due CONTRACTOR are to be paid within 30 days of
billing; amounts due beyond 45 days will accrue interest at 1.5%
per month.
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IV. IT IS MUTUALLY AGREED
1. The costs specified in this Agreement will remain in effect for
a minimum of one year. Any in-baskets which are sent to
CONTRACTOR by CLIENT for scoring during this one year period
will qualify for these rates.
2 . The terms of the Agreement, other than rental and scoring fees,
will remain in effect and a new Agreement will not be needed
should CLIENT desire to rent the in-basket after the initial one
year period. Upon request, CONTRACTOR will notify CLIENT of the
rates in effect at that time. The in-basket will be rented and
scored and GMIB Narrative Reports prepared at prevailing rates
after the initial one year period.
3 . Should CONTRACTOR desire a modification of this Agreement after
the initial one year period in order to change or improve the
test security or related procedures given herein, CONTRACTOR may
require said modification as a condition of the continued rental
of the in-basket.
4 . The provisions of this Agreement which are designed and intended
to protect the security of the General Management In-Basket as
well as all of CONTRACTOR'S associated proprietary interests in
the General Management In-Basket are not limited to the initial
one year rate/fee period referenced in this Agreement.
5. Either party may cancel this Agreement by giving seven (7) days
written notice. In such event, CONTRACTOR shall be paid the
amount due based upon the rates specified herein, or
CONTRACTOR'S prevailing rates should cancellation take place
after the initial one year term of this Agreement.
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WHEREAS THE PARTIES DESIRE TO ENTER THIS AGREEMENT:
CONTRACTOR AND CLIENT expressly warrant that this Agreement has
been signed by the individual or individuals whose signatures are
required to enter into this Agreement and bind CONTRACTOR and
CLIENT to this Agreement. The act of returning this Agreement to
CONTRACTOR with the signatures shown below for CLIENT is
CONTRACTOR'S guarantee that CLIENT is bound by this Agreement and
CONTRACTOR may rely upon CLIENT to faithfully and dutifully abide
by this Agreement. Similarly, the signature of CONTRACTOR'S
president is CLIENT'S guarantee that CONTRACTOR is bound to this
agreement. The effective date of this Agreement will be the date
entered by CONTRACTOR upon signing.
Management & Personnel City of Redlands,
Systems, Inc. California
ZZV
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Richard C. Join President Charles 'd-.- DeM,1r`7y"ayor
Date: zu -Date: November 6-5, 1991
Lorrie" /Poyzer, Clerk
Date: November 5, 1991
Date:
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