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Home My WebLink About20073080.tiff • Ergometrics & Applied Personnel Research, Inc. Licensing Agreement This agreement is made and entered into this day by and between Weld County, Colorado, hereinafter referred to as the County and Ergometrics &Applied Personnel Research, Inc., whose principle address is 18720 33`d Avenue West, Suite 200, Lynnwood WA 98037, hereinafter referred to as Ergometrics. 1. SCOPE OF AGREEMENT Ergometrics will work with the County in the development of REACT, an innovative new selection program and training module for employees who work in direct contact with adult offenders. REACT will consist of highly sophisticated tests intended to set a national standard, including a video test which is aimed at improving accuracy in selection of direct contact employees. Ergometrics will also work with the County in the development of a video-based training module that focuses on relations with offenders and other employees. Upon completion of project, Ergometrics shall provide the tests and materials designated herein for the County's perpetual use for the sole purpose of testing applicants for the specific job classifications designated. The County agrees not to lease, rent, loan, transfer or administer the tests covered by this Agreement to or for any other agency or entity without express written permission from Ergometrics. 2. SCOPE OF SERVICES Ergometrics will provide: • Create a comprehensive Corrections Officer occupational group job analysis with results and summary of key findings from the survey, including ranking of key tasks and critical behaviors. • Develop a sophisticated video test to measure and identify competencies of an applicant's suitability for work in a correctional setting. • Provide written and/or multimedia tests of important dimensions of work in a correctional setting not covered in the video test. • Create a version of the test battery that is available for administration via computers in a proctored test setting. • Provide a brief study guide with example corrections problems and description of test for candidates. • Construct and maintain a practice test website, available to applicants for a fee. • Create an administration manual with instructions for administering and scoring all portions of the test. • Set interpretive guidelines for understanding corrections dimensional breakdowns. 90 4 boo.C �0 vi o7 ri( : EA P kDic.(f�uq�/o -O7 cam' I- oge) • Produce professional documentation of both content and criterion-related validity including a pilot study with corrections incumbents. The validity documentation will include description of research strategies and test properties. • Generate recommendations regarding setting passing score on all portions of the tests and the appropriate method to combine all test scores into a final selection score. • Consult on implementation and administration of the video-based selection program and training module. • Offer unlimited phone consultation regarding product usage. • Develop a video-based Corrections Officer training program addressing common pitfalls when working with adult offenders. • Conduct a train-the-trainer session for in-house corrections trainers. Date, time and location of sessions will be mutually agreed upon between parties. • Create a comprehensive trainer's guide for in-house corrections trainers. • Provide a complete training program to include the training DVD's, exercises and quizzes and other corrections training aids. County will provide: • Agrees to participate and provide resources stated in the proposal. • Agrees to the conditions of Ergometrics' Licensing Agreement. Basic test components will be: • Pre-employment video-based exam for entry level for corrections officer covering professional deportment. • Written, video animated and/or computerized tests covering cognitive abilities, such as: 1. Reading ability at the level required on the job 2. Basic incident report writing ability 3. Math, in particular inventory skills 4. Ability to learn academically presented information. The training module will focus on offender and internal relations that will consist of video segments and training aids for use by in-house trainers that demonstrate and promote effective approaches for day-to-day offender behavior management and creating a positive work environment. 3. CONTRACT PRICE and TERMS The term of this Agreement is for two years, effective date October 1, 2007 and expiration date of March 31, 2009, or until all obligations have been satisfactorily fulfilled. The total project amount for the County is $18,000. The following is a payment schedule based on project timelines, key tasks, and client participation work schedule for the County as provided by Ergometrics: Job Research (20% payment) $3,600 Orientation Meeting Development of Job Analysis Collection of Job Analysis Data Test Design (60% payment) $10,800 Design Sessions Auditions Test & Script Reviews Review of Draft Written Materials Rehearsal for Video Shooting Shoot Performance Reviews Video Shoot Identify Pilot Testing Participants Pilot Training Program Administer Pilot Test Review Materials and Initial Test Result Recommendations Regarding Passing Points Deliver REACT Video Test & Training Program (10%) $1,800 Deliver Final Validation Report (10% payment) $1,800 4. SECURITY The County agrees to take the following measures to maintain strict test security: i. The County or its designee shall maintain security of test materials covered by this Agreement in accordance with commercially reasonable test security practices and will sign for any tests or answer keys provided to the County by Ergometrics. ii. A log will be maintained which documents the person who has responsibility for the security of test materials and any transfer of that responsibility to a different person. iii. Any computer files owned by Ergometrics that are a part of this Agreement shall be stored on a computer that is secured from unauthorized users. No tests, answer keys or examinees' answers covered by this Agreement shall be stored on any computer that is accessible by unauthorized persons. iv. All test sessions shall be monitored to watch for cheating, theft of materials, unauthorized copying of materials, including but not limited to staff or applicants taking written, photo, video or audio copies/recordings of tests, or any other activity which could compromise the security over test(s) covered by this Agreement. v. When not in use all copies of tests, answer sheets and any associated confidential documents are to be stored in a locked and secure location at all times. Any copying of tests will be monitored by the County or its designee so as to maintain test security. vi. Disposal of tests, answer sheets and scratch paper used by persons taking tests will be performed in a manner so as to maintain test security. The County will maintain confidentiality of these materials to the full extent allowed by law. 5. INTELLECTUAL PROPERTY RIGHTS The County acknowledges that the Products, Updates and Documentation are licensed for perpetual use to the County. Ergometrics owns and retains all right, title, and interest in the Products, Updates and Documentation, and any modifications thereto expressly authorized by this Agreement, and any related patents, trade secrets, copyrights, trademarks and other intellectual property rights therein (collectively, "Proprietary Rights"), regardless of any participation or collaboration by County in the design, development or implementation of any such Products, any applicable corrections or Updates or Documentation. Products and Updates mean all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes and disks conceived, reduced to practice, created or originated by the Ergometrics, its employees, agents and subcontractors, either individually or jointly with others in the performance of this contract. Documentation means the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by Ergometrics, its employees, agents, or subcontractors, in the performance of this contract. All materials are protected by United States copyright laws and international treaty provisions. The County is not authorized to copy any video or audio tapes without express permission of Ergometrics. Printed materials may only be copied in accordance with the terms of this Agreement or with express permission from Ergometrics. 6. TERMINATION This Agreement may be terminated in whole or in part as follows: Either Party may terminate this Agreement immediately upon delivery of written notice of such termination to the other Party in the event that the other Party breaches any material provision of this Agreement and fails to cure such breach within thirty (30) days after the non-breaching Party delivers notice of such breach to the breaching Party. 7. EVENTS UPON TERMINATION After the effective date of termination, no charges incurred under this Agreement, or terminated portions thereof, are allowable. Upon any termination of this Agreement for any reason, the County will exercise reasonable efforts to cease all use of the Products and certify in writing that to its knowledge it has not retained copies of the Products or Documentation. Upon any termination of this Agreement, Ergometrics will invoice the County for all accrued fees and all reimbursable expenses, and the County will pay the invoiced amount within thirty (30) days after receipt of the invoice and return or destroy all Confidential Information. 8. WARRANTY Ergometrics represents and warrants that it has all the necessary rights in and to the Products and Documentation to grant the rights granted hereunder. Ergometrics further represents and warrants: (1) that it will provide the Products and Documentation to County free of all liens, claims, encumbrances and other restrictions; (2) that County's use of the Products and Documentation does not violate or infringe the rights of any third Party or the laws or regulations of any governmental or judicial authority; (3) that County will be entitled to use and enjoy the benefit of the Products and Documentation subject to and in accordance with the terms of this Agreement; and (4) that County's use of the Products and Documentation will not be affected, interrupted, or disturbed by Ergometrics or any other Party asserting a claim under or through Ergometrics. For the term of this agreement ("Warranty Period"), Ergometrics warrants that: (1) the Products will be free from any defects in materials and workmanship and will operate in accordance with the Documentation and specifications which Ergometrics has provided for the Products; (2) Ergometrics will (a) correct and repair any malfunction, defect, or nonconformity which prevents the Products from performing in accordance with the provisions of this Agreement at no charge to the County. 9. INDEMNIFICATION AND HOLD HARMLESS The County agrees to hold harmless and indemnify Ergometrics, its employees, agents and representatives or otherwise from any and all liability and expenses (including costs and reasonable attorney's fees) directly or indirectly relating to County's breach of Agreement or any wrongful or negligent acts or omissions of Ergometrics, its employees, its assignees, delegates or subcontractors in the performance of this Agreement. The County further agrees to hold harmless and indemnify Ergometrics against assertions that the use or transfer pursuant to this Agreement of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name or otherwise results in an unfair trade practice. Ergometrics assumes no liability for the misuse, improper administration or misapplication by the County of the tests covered by this Agreement. 10. NON-DISCRIMINATION Ergometrics agrees to comply with all applicable local, state and/or federal laws and ordinances, and agrees that is shall not discriminate in its employment practices or delivery of services or other activities on the grounds of race, color, religion, national origin, age, sex, marital status, veteran status, sexual orientation or the presence of any sensory, mental or physical disability. Ergometrics shall ensure that any subcontractor shall fully comply with this paragraph. 11. CHOICE OF LAW This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. The parties agree that this Agreement is the complete expression of the terms and conditions hereunder. Any oral or written representations or understandings not incorporated herein are specifically excluded. IN-VITNESS WHEREOF the parties hereto have executed this Agreement as of this ,I6day of 5-�� --n �YL-, 2007 i Ergometrics &Applied Personnel Weld County Research, Inc. 7641/2bd £r o4' [Officia b t i C- L y- Title: bee feesm A/T, fopt77 2,,,,v,ds C� i` ssiwiexs [Title of O !cial] Date: /O -L- Dl Date: 7/,2 ) `6 7 Hello