Loading...
AG 13-101Public Safety Testing SUBSCRIBER AGREEMENT WHEREAS, Public Safety Testing, Inc. is a skilled provider of pre - employment testing services to police, fire, and other public safety agencies, and WHEREAS, the subscriber public agency, either directly or through a civil service commission, tests, evaluates, ranks and hires law enforcement and /or firefighters and /or other public safety positions in the performance of its public safety functions, and WHEREAS, the subscribing public entity desires to join in a Subscriber Agreement, NOW, THEREFORE, Public Safety Testing, Inc. (the "Contractor ") and the City of Federal Way, a municipal corporation of the state of Washington (hereinafter "Subscriber") do enter into this Subscriber Agreement under the terms and conditions set forth herein. SUBSCRIBER: POSITIONS: (check all that apply) COMMENCEMENT DATE: TERM & FEES: (check one) EXPIRATION DATE: City of Federal Way, WA IB"Law Enforcement Officer (entry- level) IidLaw Enforcement Officer (lateral/experienced) ea a 2013 Law enforcement officer written & physical ability testing: ❑ One year subscription @ $7,500 VThree year subscription at the following rates: Year #1 @ $6,500 Year #2 @ $7,000 Year #3 @ $7,500 ✓ch "f , 201 6. 1. Description of Basic Services. This Agreement begins on the date as noted on page one (1) of this Agreement. The Contractor will provide the following services to the Subscriber: 1.1 Advertising and recruiting assistance, application processing, and administration of pre - employment written examinations and physical ability tests for those positions noted on Page One (1) of this Agreement. 1.2 Report to the Subscriber the scores of applicants, with all information necessary for the Subscriber to place passing applicants upon its eligibility list, and rank them relative to other candidates on appropriately constituted continuous testing eligibility lists. Contractor will report "raw" test scores to the Subscriber — no preference points will be factored into applicant scores and it is the Subscriber's responsibility to factor veteran's preference points in accordance with applicable federal and state laws. Written examination scores will be reported to the Subscriber as a percentage score (based on 100 %) and physical ability test scores will be reported as "Pass" or "Fail ". The passing score for written examinations is set by the test developer at 70 %. 1.3 Appear in any administrative or civil service proceeding in order to testify to and provide any and all necessary information to document the validity of the testing process, to participate in the defense of any testing process conducted by the Contractor pursuant to this Agreement and to otherwise provide any information necessary to the Subscriber to evaluate challenges to or appeals from the testing process. The Contractor shall appear without additional charge. The Subscriber shall pay the reasonable cost of travel and appearance for any expert witness deemed necessary by the Subscriber to validate the testing process, including but not limited to, representatives of any company which holds the copyright to any testing material and whose testimony or appearance is deemed necessary to validate the process. Provided, however, Contractor shall not be required to appear at its cost nor to defend in any administrative or court proceeding arising from or out of a claim or challenge relating to Subscriber's use of other testing process(es) or out of Subscriber's attempt to establish multiple or blended eligibility lists for the same position based in whole or in part on other testing process(es). "Other testing process(es)" means any test or testing process other than those provided by the Contractor under this Agreement. 1.4 Term & Fees. The term of this agreement and the related professional fees are noted on page one (1) of this Agreement. 1.5 Payment. Subscriber shall pay an amount equal to twenty -five percent (25 %) of the annual fee set forth above quarterly for services rendered in the previous quarter and for basic services including but not limited to, software relating to online application, advertising formats, previously advertised scheduling of test dates, model civil service rules, testing systems, as well as ongoing testing and recruitment, and any and all other work developed at the cost of the Contractor prior to or contemporaneous with the execution of this Agreement. Payment shall be made within 45 days of receipt of invoice. Subscriber Agreement Page 2 of 5 Public Safety Testing, Inc. City of Federal Way, WA 2013 2. Additional Services. In addition to the services provided under this Agreement, the Subscriber may, at its sole discretion, elect to purchase additional services from the Contractor. Such services shall be requested by and contracted for pursuant to separate written agreement. 3. Acknowledgements of Subscriber. The Subscriber understands and acknowledges, and specifically consents to the following stipulations and provisions: 3.1 Because applicable civil service law prohibits having multiple eligibility lists for the same class of hire, this Agreement is an exclusive agreement for these services. 3.2 The written and physical agility scores of any applicant shall be valid for 15 months from the date of certification by the Contractor or 12 months from the date of placement upon the Subscriber's eligibility list, whichever first occurs, following the report of the Contractor, and rules compatible with continuous testing shall be adopted. The Subscriber shall review its applicable hiring processes, advertisements, personnel policies and civil service rules (as applicable) to ensure compliance with the provisions of this Agreement. 3.3 An applicant may, in addition to the Subscriber's eligibility list, elect to have his /her score reported to and subject to placement on the eligibility list of any other Subscriber. Nothing in this Agreement shall be interpreted to prohibit the use of an applicants' score for consideration in or processing through any other subscriber's hiring and /or civil service eligibility process. The Subscriber agrees that if an applicant is hired by another agency through this service, the applicant's name shall be removed from Subscriber's eligibility list. 3.4 The Subscriber specifically understands and acknowledges that the Contractor may charge a reasonable application fee from any and all applicants. 3.5 The Subscriber is encouraged to and may also conduct advertising as it deems necessary to support/enhance recruiting efforts. The Subscriber shall link PublicSafetyTesting.com on its agency's website, if it so maintains one. 3.6 Public Safety Testing views recruiting as a partnership with the Subscriber. The Subscriber agrees to actively participate in recruiting efforts for positions within the Subscriber agency. 3.7 The Subscriber agrees to keep the Contractor up -to -date as to the agency's hiring status, minimum and special requirements, all information appearing on the agency's PST website profile and the names of any candidates hired through these services. 4. Testing Standard and Warranty of Fitness for Use. All testing services conducted under this Agreement shall be undertaken in accordance with the provisions of the Washington State Civil Service Statutes, Chapter 41.08 and 41.12 RCW, or the terms of other applicable statute as the Subscriber shall notify the Contractor that Subscriber Agreement Page 3 of 5 Public Safety Testing Inc. City of Federal Way, WA 2013 the Subscriber must meet. Tests shall also be conducted in accordance with the general standards established by the Subscriber; the Subscriber shall be responsible for notifying the Contractor of any unusual or special process or limitation. The test utilized, the proctoring of the test and any and all other services attendant to or necessary to provide a valid passing or failing score to the Subscriber shall be conducted in accordance with generally accepted practice in the human resources, Civil Service and Public Safety Testing community. The Subscriber may monitor the actions and operations of the Contractor at any time. The Contractor shall maintain complete written records of its procedures and the Subscriber may, on reasonable request, review such records during regular business hours. Any and all written materials, and the standards for physical fitness testing utilized, shall comply with all applicable copyrights and laws. The Contractor expressly agrees and warrants that all tests and written materials utilized have been acquired by the Contractor in accordance with the appropriate copyright agreements and laws and that it has a valid right to use and administer any written materials and tests in accordance with such agreements and laws. If Subscriber uses or authorizes the use of other testing process(es) this warranty shall be null and void. 5. Independent Contractor. The Contractor is an independent contractor. Any and all agents, employees or contractors of the Contractor, shall have such relation only with the Contractor. Nothing herein shall be interpreted to create an employment, agency or contractual relationship between the Subscriber and any employee, agent or sub - contractor of the Contractor. 6. Indemnitv_and Hold Harmless. The parties agree and hold harmless each other, their officers, agents and employees in accordance with the following provisions: 6.1 The Contractor shall indemnify and hold harmless the Subscriber, its employees and agents from any and all costs, claims or liability arising from: 6.1.1 Violation of any copyright agreement or statute relating to the use and administration of the tests or other written materials herein provided for; 6.1.2 Any cost, claim or liability arising from or out of the claims of an employee, agent or sub - contractor to the end that the Contractor shall be an independent Contractor and the Subscriber shall be relieved of any and all claims arising from or relating to such employment relationships or contracts between the Contractor and third parties; 6.1.3 The alleged negligent or tortious act of the Contractor in the provision of services under this Agreement. 6.1.4 This indemnity shall not apply to any administrative or court proceeding arising from or out of any process in which the Subscriber has utilized or authorized other testing process(es). 6.2 The Subscriber shall indemnify and hold harmless the Contractor, its officers, agents and employees from any and all cost, claim or liability arising from or out of the alleged negligent or tortious act of the Subscriber in the provision of services hereunder. Subscriber Agreement Page 4 of 5 Public Safety Testing, Inc. City of Federal Way, WA 2013 7. Termination. This Agreement terminates on the date noted on page one (1) of this Agreement. The Contractor and the Subscriber may withdraw from this Agreement at any time for any reason with 90 days written notice, provided, however, that the provisions of paragraphs 1.3, 4, 5 and 6 shall remain in full force and effect following the termination of this Agreement with respect to, and continuing for so long as any applicant tested by the Contractor remains on the eligibility list of the Subscriber. 7.1 If the Subscriber elects to terminate this Agreement prior to the termination date specified in section 7, Subscriber shall pay the Contractor an early termination fee. The purpose of this early termination fee is to cover the direct and indirect costs of refunding and or rescheduling applicants that had signed up to test for the Subscriber. The early termination fee is one -third (33 %) of the annual subscriber fee as noted in Section 1.4 of this Agreement. The early termination fee is in addition to any other fees agreed to by this Agreement. 8. Entire Agreement, Amendment. This is the entire Agreement between the parties. Any prior agreement, written or oral, shall be deemed merged with its provisions. This Agreement shall not be amended, except in writing, at the express written consent of the parties hereto. This Agreement is dated this 7 day of l r ratee h , 201 . CITY OF FEDERAL WAY, WA By: Print: Skip Priest Its Mayor Contact: skip Priest PUBLIC SAFETY TESTING, INC, By: Print: Jon F. Walters, Jr. Its: President Jon Walters Address: 33325 8th Avenue South 20818 --- 44th Ave W., Suite 160 City /State: Federal Way, WA 98003 Lynnwood, WA 98036 Telephone: 253 -835 -2401 425.776.9615 Subscriber Agreement Page 5 of 5 Public Safety Testing, Inc. City of Federal Way, WA 2013 DATE IN: I DATE OUT: I TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV: FEDERAL WAY POLICE DEPARTMENT 2. ORIG[NATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE REQ. BY: ASAp 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) 'ROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE/LABORAGREEMENT ❑ PUBLIC WORKS CONTRACT ❑ SMALL PUBLIC WORKS CONTRACT 5. 6. (LESS THAN $200,000) ❑ PURCHASE AGREEMENT> (MATBRIALS, SUPPLIES, EQUIPMENT) ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. AG�EMENT � PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ CONTRACT AMENDMENT AG#: � CDBG . � OTHER PROJECT NAME: Public Safetv Testing Subscriber Agreement NAME OF CONTRACTOR: ��G sa�"� ��� - �1 '' � C . ADDRESS: SIGNATURE NAME: _TELEPHONE TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES ❑ SCOPE OF SERVICES ❑ ALL EXHIBITS REFERENCED IN DOCUMENT ❑ INSURANCE CERTIFICATE O DOCUMENT AUTHORIZING SIGNATURE � 8. TERM: COMMENCEMENT DATE: 3 15� COMPLETION DATE: 3 4'� 9. TOTAL COMPENSATION: ttvCLU�E ExPEtvsES & SA[,ES 7'Ax, IF A N� '^' ���O (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: � YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 1 O. CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT ❑ LAW ❑ YES ❑ NO IF YES, $ INITIAL/DATE APPROVED :I' PAID BY: ❑ CONTRACTOR � CITY INITIAL/DATE APPROVED ] 1. CONTRACT SIGNATURE ROUTING INITIAL/DATE APPROVED INITIAL/DATE APPROVED ❑ LAW DEPARTMENT ❑ CITY MANAGER ❑ CITY CLERK ❑ SIGN COPY BACK O ORGINATING DEPT. �•2' I� ❑ ASSIGNED AG# I�" �QI ^ 11 �� ❑ r U R C H A S I N G: r L E A S E C H A R G E T�: � i i I" 2, � O D "' D� � Z 1 COMMENTS: 10/09/02 � ....._ �bitC �� TI$S�lffE� SUBSCRIBER AGREEMENT WHEREAS, Public Safety Testing, Inc. is a skilled provider of pre-employment testing services to police, fire, and other public safety agencies, and WHEREAS, the subscriber public agency, either directly or through a civil service commission, tests, evaluates, ranks and hires law enforcement and/or firefighters and/or other public safety positions in the performance of its public safety functions, and WHEREAS, the subscribing public entity desires to join in a Subscriber Agreement, NOW, THEREFORE, Public Safety Testing, Inc. (the "Contractor") and the City of Federal Way, a municipal corporation of the state of Washington (hereinafter "Subscriber") do enter into this Subscriber Agreement under the terms and conditions set forth herein. SUBSCRIBER: POSITIONS: (check all that apply) COMMENCEMENT DATE: TERM & FEES: (check one) City of Federal Way, WA f�Law Enforcement Officer (entry-level) �Law Enforcement Officer (lateral/experienoed) r�1,4,ect� �S , 2013 Law enforcement officer written & physical ability testing: ❑ One year subscription @ $7,500 C� Three year subscription at the following rates: Year #1 @ $6,500 Year #2 @ $7,000 Year #3 @ $7,500 EXPIRATION DATE: M'� �h` �'S'� , 201 6 1. Description of Basic Services. This Agreement begins on the date as noted on page one (1) of this Agreement. The Contractor will provide the following services to the Subscriber: 1.1 Advertising and recruiting assistance, application processing, and administration of pre-employment written examinations and physical ability tests for those positions noted on Page One (1) of this Agreement. 1.2 Report to the Subscriber the scores of applicants, with all information necessary for the Subscriber to place passing applicants upon its eligibility list, and rank them relative to other candidates on appropriately constituted continuous testing eligibility lists. Contractor will report "raw" test scores to the Subscriber — no preference points will be factored into applicant scores and it is the Subscriber's responsibility to factor veteran's preference points in accordance with applicable federal and state laws. Written examination scores will be reported to the Subscriber as a percentage score (based on 100%) and physical ability test scores will be reported as "Pass" or "Fail". The passing score for written examinations is set by the test developer at 70%. 1.3 Appear in any administrative or civil service proceeding in order to testify to and provide any and all necessary information to document the validity of the testing process, to participate in the defense of any testing process conducted by the Contractor pursuant to this Agreement and to otherwise provide any information necessary to the Subscriber to evaluate challenges to or appeals from the testing process. The Contractor shall appear without additional charge. The Subscriber shall pay the reasonable cost of travel and appearance for any expert witness deemed necessary by the Subscriber to validate the testing process, including but not limited to, representatives of any company which holds the copyright to any testing material and whose testimony or appearance is deemed necessary to validate the process. Provided, however, Contractor shall not be required to appear at its cost nor to defend in any administrative or court proceeding arising from or out of a claim or challenge relating to Subscriber's use of other testing process(es) or out of Subscriber's attempt to establish multiple or blended eligibility lists for the same position based in whole or in part on other testing process(es). "Other testing process(es)" means any test or testing process other than those provided by the Contractor under this Agreement. 1.4 Term & Fees. The term of this agreement and the related professional fees are noted on page one (1) of this Agreement. 1.5 Pavment. Subscriber shall pay an amount equal to twenty-five percent (25%) of the annual fee set forth above quarterly for services rendered in the previous quarter and for basic services including but not limited to, software relating to online application, advertising formats, previously advertised � scheduling of test dates, model civil service rules, testing systems, as well as ongoing testing and recruitment, and any and all other work developed at the cost of the Contractor prior to or contemporaneous with the execution of this Agreement. Payment shall be made within 45 days of receipt of invoice. Subscriber Agreement Page 2 of 5 Public Safety Testing, Inc. City of Federal Way, WA 2013 2. Additional Services. In addition to the services provided under this Agreement, the Subscriber may, at its sole discretion, elect to purchase additional services from the Contractor. Such services shall be requested by and contracted for pursuant to separate written agreement. 3. Acknowled�ements of Subscriber. The Subscriber understands and acknowledges, and specifically consents to the following stipulations and provisions: 3.1 Because applicable civil service law prohibits having multiple eligibility lists for the same class of hire, this Agreement is an exclusive agreement for these services. 3.2 The written and physical agility scores of any applicant shall be valid for 15 months from the date of certification by the Contractor or 12 months from the date of placement upon the Subscriber's eligibility list, whichever first occurs, following the report of the Contractor, and rules compatible with continuous testing shall be adopted. The Subscriber shall review its applicable hiring processes, advertisements, personnel policies and civil service rules (as applicable) to ensure compliance with the provisions of this Agreement. 3.3 An applicant may, in addition to the Subscriber's eligibility list, elect to have his/her score reported to and subject to placement on the eligibility list of any other Subscriber. Nothing in this Agreement shall be interpreted to prohibit the use of an applicants' score for consideration in or processing through any other subscriber's hiring and/or civil service eligibility process. The Subscriber agrees that if an applicant is hired by another agency through this service, the applicant's name shall be removed from Subscriber's eligibility list. 3.4 The Subscriber specifically understands and acknowledges that the Contractor may charge a reasonable application fee from any and all applicants. 3.5 The Subscriber is encouraged to and may also conduct advertising as it deems necessary to support/enhance recruiting efforts. The Subscriber shall link PublicSafetyTesting.com on its agency's website, if it so maintains one. 3.6 Public Safety Testing views recruiting as a partnership with the Subscriber. The Subscriber agrees to actively participate in recruiting efforts for positions within the Subscriber agency. 3.7 The Subscriber agrees to keep the Contractor up-to-date as to the agency's hiring status, minimum and special requirements, all information appearing on the agency's PST website profile and the names of any candidates hired through these services. 4. Testing Standard and Warranty of Fitness for Use. All testing services conducted under this Agreement shall be undertaken in accordance with the provisions of the Washington State Civil Service Statutes, Chapter 41.08 and 41.12 RCW, or the terms of other applicable statute as the Subscriber shall notify the Contractor that Subscriber Agreement Page 3 of S Public Safety Testing, Inc. Ciry of Federal Way, WA 2013 the Subscriber must meet. Tests shall also be conducted in accordance with the general standards established by the Subscriber; the Subscriber shall be responsible for notifying the Contractor of any unusual or special process or limitation. The test utilized, the proctoring of the test and any and all other services attendant to or necessary to provide a valid passing or failing score to the Subscriber shall be conducted in accordance with generally accepted practice in the human resources, Civil Service and Public Safety Testing community. The Subscriber may monitor the actions and operations of the Contractor at any time. The Contractor shall maintain complete written records of its procedures and the Subscriber may, on reasonable request, review such records during regular business hours. Any and all written materials, and the standards for physical fitness testing utilized, shall comply with all applicable copyrights and laws. The Contractor expressly agrees and warrants that all tests and written materials utilized have been acquired by the Contractor in accordance with the appropriate copyright agreements and laws and that it has a valid right to use and administer any written materials and tests in accordance with such agreements and laws. If Subscriber uses or authorizes the use of other testing process(es) this warranty shall be null and void. 5. Independent Contractor. The Contractor is an independent contractor. Any and all agents, employees or contractors of the Contractor, shall have such relation only with the Contractor. Nothing herein shall be interpreted to create an employment, agency or contractual relationship between the Subscriber and any employee, agent or sub-contractor of the Contractor. 6. Indemnitv and Hold Harmless. The parties agree and hold harmless each other, their officers, agents and employees in accordance with the following provisions: 6.1 The Contractor shall indemnify and hold harmless the Subscriber, its employees and agents from any and all costs, claims or liability arising from: 6.1.1 Violation of any copyright agreement or statute relating to the use and administration of the tests or other written materials herein provided for; 6.1.2 Any cost, claim or liability arising from or out of the claims of an employee, agent or sub-contractor to the end that the Contractor shall be an independent Contractor and the Subscriber shall be relieved of any and all claims arising from or relating to such employment relationships or contracts befinreen the Contractor and third parties; 6.1.3 The alleged negligent or tortious act of the Contractor in the provision of services under this Agreement. 6.1.4 This indemnity shall not apply to any administrative or court proceeding arising from or out of any process in which the Subscriber has utilized or authorized other testing process(es). 6.2 The Subscriber shall indemnify and hold harmless the Contractor, its officers, agents and employees from any and all cost, claim or liability arising from or out of the alleged negligent or tortious act of the Subscriber in the provision of services hereunder. Subscriber Agreement Page 4 of 5 Public Safery Testing, Inc. Ciry of Federal Way, WA 2013 7. Termination. This Agreement terminates on the date noted on page one (1) of this Agreement. The Contractor and the Subscriber may withdraw from this Agreement at any time for any reason with 90 days written notice, provided, however, that the provisions of paragraphs 1.3, 4, 5 and 6 shall remain in full force and effect following the termination of this Agreement with respect to, and continuing for so long as any applicant tested by the Contractor remains on the eligibility list of the Subscriber. 7.1 If the Subscriber elects to terminate this Agreement prior to the termination date specified in section 7, Subscriber shatl pay the Contractor an early termination fee. The purpose of this early termination fee is to cover the direct and indirect costs of refunding and or rescheduling applicants that had signed up to test for the Subscriber. The early termination fee is one-third (33%) of the annual subscriber fee as noted in Section 1.4 of this Agreement. The early termination fee is in addition to any other fees agreed to by this Agreement. 8. Entire Aareement, Amendment. This is the entire Agreement befinreen the parties. Any prior agreement, written or oral, shall be deemed merged with its provisions. This Agreement shall not be amended, except in writing, at the express written consent of the parties hereto. This Agreement is dated this �i day of �✓�'1 CITY OF FEDERAL WAY, WA By: Print: Its: ,r � ,�3��G� J. �, l�u� Cti��of ��/�-c Contact: ,�nah �/C✓�/1c�► Address: �33 o?S'� �S � �%v�,lrc �.S�o� City/State: ��% � W�Jh�y�Y, , Telephone: �S3 �53� 6 `70/ 20� 3 . PUBLIC SAFETY TESTING, INC. J t , By: ���� �� Print: Jon F. Walters. Jr. Its: President Jon Walters 20818 — 44th Ave. W., Suite 160 Lvnnwood, WA 98036 425.776.9615 Subscriber Agreement Page S of 5 Public Safety Testing, Inc. City of Federal Way, WA 2013