HomeMy WebLinkAboutResolution - 4481 - Agreement - Juistex Systems Inc - Rental Of Examination Materials, LPD Sergeant - 05_19_1994Resolution No. 4481
May 19, 1994
Item # 11A
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Agreement for Rental of Examination
Materials and Ancillary Services and all related documents by and between the City of Lubbock
and Justex Systems, Inc. of Huntsville, Texas, to examine candidates for the position of Police
Corporal for the City of Lubbock, which contract is attached hereto, which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 19 th day of May 1994.
IfIlEffulf elm
by Mayor Pro Tem Randy Neugebauer
ATTEST:
Betty . ohnso ity 5ecretary
APPROVED AS TO CONTENT:
Mary Androvs, Director of Human Resources
APPROVED AS TO FORM
Di nald G. Vandiver, First
Assistant City Attorney
DG V : dp\G: \codocs\Juttoc Res
April 27, 1994
Resolution No. 4481
May 19, 1994
Item #11A
IfJUSTEX
SYSTECI5, IN Ce
P. 0. Box 6224 Huntsville, Texas 77342-6224
Telephone (409) 291-7981 FAX (409) 294-0984
AGREEMENT FOR RENTAL OF EXAMINATION MATERIALS
AND ANCILLARY SERVICES
This agreement is entered into this ZAday of March, 1994,
between Justex Systems, Inc., of Huntsville, Texas, hereinafter
called "Justex" and the City of Lubbock, Texas, hereinafter called
"Client" for rental of promotional examinations and related ancillary
services and products. The parties mutually agree as follows:
I. Justex agrees to:
I jp0 A. Provide a pencil -paper type examination of approximately
,3-50 items for use in the promotional process for the rank of
corporal, said examination items to be drawn from the textbooks and
study materials contained in attached Service Schedule C.
B. Provide sufficient copies of the examination to a
designated representative of the client for administration to
eligible candidates seeking promotion to the rank of corporal.
C. Provide one set of examination items and answers with a
key to the source material from which said examination items were
developed for use by the client in case of item appeals by
candidates.
II. Client agrees to:
A. Use examination provided by Justex only for official
purposes of the agency in examining candidates for the position of
corporal;
B. Appoint an individual to
examination materials and notify
address, and telephone number;
be responsible for receipt of all
Justex of that individual's name,
C. Refrain from copying examination or related materials and
preventing its employees and agents from copying same;
D. Afford appropriate security to all test materials in order to
maintain the confidentiality and integrity of the materials;
E. Refrain from providing copies of the examination materials
to any other public safety agency;
F. Refrain from using copies or contents of examination
materials for any future promotional process in the Lubbock Police
Department without written consent from Justex;
G. Return all materials to Justex, postage or freight prepaid,
within fifteen (15) days of the testing date;
H. Pay Justex the total fee reflected in "Cost Appendix."
Ill. Miscellaneous Provisions
A. Justex expressly retains all rights to the use or
reproduction of examination questions, examination forms, inventory
menus, study guides, or other written materials provided to client.
B. Client agrees to notify Justex promptly of any claims,
challenges, administrative appeals, or judicial actions which may be
instituted as a result of the products and services provided under
this agreement.
C. While reasonable efforts have been made to insure that the
products and services provided under this agreement meet applicable
fair employment laws and regulations, Justex makes no warranty,
express or implied, that the products or services provided will be
sustained by any court or administrative body if challenged.
_.__J
D. Client agrees that Justex will in no way be held responsible
for any such litigation or administrative review nor legally liable
for the consequences of such challenges. Justex agrees to provide
testimony as to test theory, test design, testing process, and test
grading before any administrative or judicial body. The expense of
such testimony is to be borne by the client on an actual expense
incurred basis plus $500 per day for each day of preparation or
testimony.
E. Justex retains the right to terminate this agreement and
withhold or recall any or all examinations and examination related
materials if it believes the terms and conditions of this agreement
are being or have been violated.
F. Rental rates and
other costs of
products and services shall
be calculated based upon
the attached
"Cost Appendix" which
is
specifically incorporated as
a part of this
agreement. Costs shall
be
payable to Justex within
thirty (30)
days of administration
of
examination. "Estimated
Total Costs"
does not include costs
of
textbooks and shipping and
handling costs of textbooks.
This agreement consists of 3 pages plus a page entitled "Cost
Appendix" and two pages entitled "Service Schedules A and C" which
are expressly made a part of this agreement.
IN WITNESS WHEREOF, the parties have executed this
agreement on the date aforementioned.
JUSTEX SYSTEMS, INC. CITY OF LUBBOCK, TEXAS
APPROVED AS TO CONTENT:
Mary Ano7ews, Director of
Human Resources
By: 0711-1r�
Bant Authorize Represen ative Mayor em
Randy Neugebauer
ATTEST: n
`Betty M. 'Jolmrn
APPROVED AS �/ FORM:
Dk(G. Vandiver, First Assistant
City Attorney
COST APPENDIX
Exam Rental Fee......................................$2,400.00
which includes:
) a0
• 50 Test Booklets ,with 3-5*11r test items
.65 �
• At least J,01/6 Custom Questions (4-5 items)
• Preparation of Study Guide for candidates
• Test Administration Guide
• Book Ordering Service for candidates
• Grading and Item Analysis
Additional Test Booklets are $25 each
Profiling Fee.........................................$_._59&.er
TOTAL ESTIMATED COST ............................... $2;99500
SERVICE SCHEDULE A
Justex agrees to:
1. Provide sufficient answer sheets for use in administering
the examination.
2. Provide one set of examination items and answers with a
key to the source material from which said examination items were
developed for use by the client in case of item appeals by
candidates; client may retain the examination booklets indefinitely
as long as all parts of this contract are adhered to.
SERVICE SCHEDULE C
Justex agrees to:
1. Develop questions from the following materials:
material mutually agreed upon in the future
2. Develop at least questions from the following materials:
material mutually agreed upon in the future
4