FIREFIGHTER SELECTION 1-2005 - Laserfiche WebLink

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1 , FIRE ENGINEER TEST/TEST MATERIALS TERMS AND CONDITIONS OF LEASE (Signature Reqnired) Subject to the following terms and conditions, Firefighter Selection, Inc. (FSI) hereby agrees to provide the Santa Ana, City of (Client) with a multiple-choice test consisting of items from various fire sources identified by the Client. The contract is effective when signed by both parties and ends 90 business days following administration of the Fire Engineer test by the Client unless extended by consent of both parties. Under this contract, both parties agree to the following terms and conditions: I. FSI cannot guarantee compliance with the civil rights laws or the requirements offederal or state enforcement agencies, inasmuch as such laws are subject to interpretation of facts and circumstance. FSI recommends to the Client that ajob analysis and validation study would greatly improve the defensibility of the test. FSI will provide consultation to the Client on a time-and-charges basis, should its test be challenged. 2. The right to use FSl's test materials is leased to the Client for the internal use and benefit ofthe Client only. The Client agrees not to sell, rent, lease, give, lend, or otherwise disclose or provide the test materials to any other employer or entity, or use the test materials for the benefit of any other employer or entity. Test materials may not be reproduced or copied without the written permission of FSI. The Client agrees not to provide, disclose, or otherwise reveal the test materials to any persons except the employees of the Client directly and necessarily involved in test administration and entry-level selections 3. The Client is responsible for the security of the test materials during the lease period. It is understood by the Client that any security breaches may adversely affect FSl's future ability to license or lease this test. The Client understands that FSI will retain the copyrights of this test. 4. The Client agrees that neither it nor its officers, agents, employees, representatives, nor any persons in active concert and 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, in writing, of Firefighter Selection, Inc. which shall retain the copyright to all versions of the test materials. 5. The Client agrees to retum all Test Booklets and Key Sheets within twenty (20) business days after the test administration. Unopened Test Booklets may be retumed for full credit less a 10% restocking fee. The Client agrees to have at least two employees count the Test Booklets upon receipt of each and to provide FSI with telephone or facsimile notification within 48 hours of receipt of any discrepancies between the amount FSI shipped and the amount the Client received followed by written notification within five days. If FSI 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 FSI. The Client also agrees to have at least two employees count Test Booklets it returns to FSI and to provide FSI with a written record of the materials returned and an identification ofthose persons who counted them. 6. The Client's lease costs include a $500 base fee in addition to the Test Booklet fee of $10.00. 7. The Client must retum all Test Booklets to FSI within twenty (20) business days after the test administration. The Client will be charged for any Test Booklet(s) not returned within those twenty (20) business days or that are missing one or more pages. The costs associated with developing a replacement test are $35.00 per test item and fee of $2,500 for administrative charges for replacement test development. For example a 100-item test replacement costs would be $6,000 (100 x $35 ~ $3,500 & $2,500 in Senior Consultant billable hours is a total of $6,000). This charge is to cover the development new items and test construction, based upon our current billable rates. 8. IfFSI is to score the tests it will do so within two (2) business days of receipt of the answer sheets unless otherwise agreed upon by the Client and FSI. EXHIP!T J~