BEFORE THE
POSTAL RATE COMMISSION
WASHINGTON DC 20268-0001
POSTAL RATE AND FEE CHANGES,
2000
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JUL12 II 02
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Docket
No. R2000-1
NOTICE OF
MAGAZINE PUBLISHERS OF AMERICA, INC.
CONCERNING SECOND ERRATA TO ANSWERS TO INTERROGATORIES
OF WITNESS HAY (USPS/MPA-Td-l-7)
(ERRATUM)
(JULY 12,200O)
Pursuant to the Commission’s Rules of Practice, Magazine Publishers
of America, et al., hereby provide notice of the filing of errata to the
answers to interrogatories USPS/MPA-T4-1 and 5, posed by the USPS to
MPA witness Hay (MPA-T-4), which were originally filed on July 3. The
errata consist of attachments
that were described in the answers to
The attachments
are
interrogatories, but inadvertently not attached.
attached to this notice; they were previously faxed and hand-delivered to
counsel for the Postal Service.
Respectfully submitted,
J&&x*
K
James R. Cregan w
Anne R. Noble
Counsel
Magazine Publishers of America, Inc.
Suite 610
1211 Connecticut Avenue NW
Washington DC 20036
(202) 296 7277
CERTIFICATE OF SERVICE
I hereby certify that I have this date served the foregoing document
upon all participants of record in this proceeding in accordance
with the
Commission’s Rules of Practice.
Washington DC
July 12, 2000
USPSIMPA-T4-5.
Please provide copies of all contracts, agreements (including
confidentiality and non-disclosure agreements), task orders, job descriptions,
work proposals or other documents relating to your duties on the Data Quality
Study.
Please see the attached contract. There are no other documents.
Econ)Aynx
International
HEhO OFFICE!
ASSOCIATES OIFICES:
1900 MERIVALE w..
SUITE to2,
NLPEAN. ONTARIO
KX 4N4
CANAOA
SANCKOK
RNACH
Los ANGELES
“ANCOVVER
Ltd.
June $6, 1998
A. T.iKearney, Inc.
225 ‘einekersLane
Ale4 ndria. VA 22314
Attention:
96-97-B-1972-011
DeW b. Somerville:
! Further to your letter andZndcpendenl Consalrun~Agteernent of June 174 1998 please
And e closed a copy of the signedU.S. Postal SenticeContract No. 102590-97-B-1972-0118s
recJue ted. Also attached is Attachment “A” (Verification ofIndependent Consultant Status),
Attac ent ‘B” (Statement ofPersonal Conflict of Interest Avoidance), 2 businesscards and two
piece1 of stationery which were also requested.
i I trust the above will be found in order and await your notification of receipt. If there is
any f$ther information required pleasedon’t hesitateto contact me.
Keith A J. Hay
encl. :
INDEPENDENT CONSULTANT AGREEMENT
NO.102590-97-B-1972-011
This Agreement establishesthe terms and conditions under which the parties have mutually
agreed t Keith A.J. Hay (Consultant) will perform servicesas an independent contractor, also
referre to as an Independent Consultant, for A.T. Kesmey, Inc. (Kearney). In this capacity,
Consul ant will provide professional services to Kearney’s Linx Group as requested by the
undersi1: ed or his designatedrepresentative,who will be identified in writing.
~onsultant’s compensation for servicesprovided under this Agreement for the Decision
Suppb Systems group of the U.S. Postal Servicewill be S200.00 USD per working hour. It is
underst od that this is Consultant’s “Most FavoredCustomer Rate”, to be verified by submission,
upon re uest, of copies of three (3) recent Consulting Agreementsor invoices showing billings at
this rat1 Compensation for any other engagementswill be determined upon acceptanceof the
engagementby the Consultant and will be reflected by a modification to this agreement.
’ ctual and reasonableout-of-pocket expensesincurred in the performance of servicesunder
this A eement,such asthose incurred in living and travel away from home, which are adequately
docum nted by appropriate receipts will be reimbursed by Keamey at cost. Any questions
conce ‘ng the appropriatenessof such expensesshould be directed to and based on the prior
concurr nce of the cognizant Kearney project offricer( Consultant agrees to abide by the
liiitati ns of the United StatesPost Office Travel Polices (Handbook F- 15) concerning Fist C~SSS
travel, 4er diem rates for lodging, meals and incidental expenses,unallowable expenses,etc. The
current imits for any location to be visited will be provided by Keamey upon request.
!
nvoices for servicesand out-of-pocket expenseincurred may be submitted monthly to the
cogniA t Keamey project officer(s) to verify their allowability, allocability and reasonablenessto
the Ke ey client(s). A separateinvoice must be preparedfor eachclient engagement (identifying
client d engagementor project by name and number) or non-client project for which Consultant
has prot ided professional assistance. Consultant’sSocial InsuranceNumber (SIN) must be on all
invoice1. You must make the submissionsrequired by Attachment A before any invoices will be
paid. Details substantiatinghours andexpensesmust be submittedwith each invoice. Receiptsmust
be provtded for all expenses.
!I
t is understoodand agreedthat Consultantis sn independentcontractor and not an employee,
representativeof Keamey and that becauseConsultant is not an employee, and Keamey’s
e programs do not cover independentcontractorsfor any purpose whatsoever, Consultant
veredby any Keamey insurance,including the provision of disability insurance, group life
medical insurance,liability insurance,workman’scompensation,errors and omissions or
insuranceor patticipation in Keamey’s profit sharing or employee benefit plans.
Items rbquired to verify independent statusare contained in Attachment A.
ht is understood that Kearney will not withhold income taxes, FICA, Social Security or
taxes on Consultant’s behalf and that Consultant is directly and personally
the payment of Federal and Stataself-employment and income taxes.
t is agreed that any technology, including, but not limited to computer software, which is
develoded or improved by Consultantunderthis Agreementshall be consideredto have beenjointly
devel&d or improved with Keamey and shahbecomethe property of Kearney for the purposesof
delivd to its client(s).
that any technology developedjointly by Consultant and Kearney, as set
or any technology or other information of a proprietary or confidential nature to which
privy while performing servicesunder this Agreement, shall not be disclosed
ns not party to this Agreement.
t( earneyhas the sole discretion to ask Consultant,upon five businessdays notice, to cease
work f r any Kearney assignment or client. If Kearney’s services are terminated by a client,
Consul !ant’sservices on that assignmentwill ceaseimmediately upon being notified by Kearney.
9
!l’heConsultantoerdfies asfollows concerningits businessstatus(check YES or NO for each
item): i
m
YES
Small Business
JL
DisadvantagedBusiness
Woman Owned Business
ny dispute of any nature arising out of this Agreement and not resolved by agreementof
shall be resolved by fmal and binding arbitration pursuant to the rules of the American
An arbitrator mutually agreed upon from the roster of the American
Association shall conduct the arbitration. In the event the parties cannot agreeupon an
the American Arbitration Association shall designatea member of said Association to
ach party shall bear its own attorneys fees and expensesarising out of any dispute, with
to be paid by the losing patty or eqtally, as determined by the atbitrator. Such
conducted in Alexandria, Virginia.
document constitutesthe entire agreementbetween the parties and may not be altered,
modified except by written instrument signedby both parties.
Agreement shall remain in force from June 20, 1998 through September 30, 1998,
celed by either party upon thirty days written notice.
2
P.
iThis Agreement shall be governed and construed in accordance with the laws of the
CommSnwealth of Virginia.
A.T. Kiarney, Inc.
Consultant
Name: rank M. Somerville
Title: i LINX Business Manager
Date: J&e 20, 1998
Contac ‘: Frank M. Somerville
2\ 5 Reinekers Lane
Alexandria, VA 223 14
Telephdne: (703) 739-4762
FAX: : (703) 836-0547
Address: Econolynx, I& Ltd.
1900 Me&ale Rd., Suite 200
Nepean,Ontario KZG 4N4
Canada
Telephone:(613) 723-8698
FAX:
(613) 723-7333
85
P.
ATTACHMENT B
I Statement Of PersonalConflict Of Interest Avoidance
A.T. ‘eamey, Inc. Project No. TGIOOS
4
Projd Name: U.S. Postal Service
)
,
I
)
(TO BE COMPLETED FOR EACH SEPARATE PROJBCT/SUB-PROJECT)
iliar with the scopeof work for the abovereferencedactivity and believe myself to be free
all Conflict Of Interest (COI)’ pertaining to the companies and facilities or government
which could impair my objectivity in performing the work.
Date: i
$22 &+uz.
(9y
‘Any or the following may constitute a potential COI:
.
$Iistoly of employment by or consulting to the company or companies involved.
.
IBmployment of immediate family member by the company or companies involved.
.
!Employment of immediate family member by a direct competitor of the company or
Icompanies involved.
86
RESPONSE OF MAGAZINE PUBLISHERS OF AMERICA WITNESS HAY
TO INTERROGATORIES OF UNITED STATES POSTAL SERVICE
jlJSPS/MPA-T41-71
USPSIMPA-T4-1.
Please provide a complete listing of all publications that you
have authored or w-authored.
Please see attached partial list of publications and reports.
RE+RTS,
BOOKS AND MONOGRAPHS:
..
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P.11