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AG 16-017 RETURN TO: Kurt Schwan/PD EXT: 6875 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: PD/PROFESSIONAL STANDARDS ORIGINATING STAFF PERSON: KURT SCHWAN EXT: 6875 3. DATE REQ.BY: ASAP TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION X CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER PROJECT NAME: POLICE OFFICER RECRUITMENT AND TESTING NAME OF CONTRACTOR: PUBLIC SAFETY TESTING ADDRESS: 2018144 T"AVE W,SUITE#160,LYNNWOOD,WA. 98036 TELEPHONE: 425-776-9615 E-MAIL: JON@PUBLICSAFETYTESTfNG.COM FAX: SIGNATU NAME: JON WALTERS TITLE: PRESIDENT EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES X COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: JANUARY 25, 2016 COMPLETION DATE: DECEMBER 31,2019 TOTAL COMPENSATION $47,500(CURRENT)+$2,560(AMENDMENT)=$50,060(TOTAL) (INCLUDE EXPENSES AND SALES TAX,IF ANY) (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 ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR 11 CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE X PURCHASING: PLEASE CHARGE TO: 001-2100-094-52-11-490 0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE,APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 11 LAW 1. COUNCIL APPROVAL IF APPLICABLE SCHEDULED COMMITTEE DATENov. 12. 2019 COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: Nov. 9.9. 2019 COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: __ DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,E w XHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/DAT" � _SIGNED W'DLIARTMI"NT � I ' f(3NAFI_,1RY(,�dr`4YOR OR DIRECTOR) _ r t ❑ CITY CLERIC ❑ ASSIGNED AG# AG# ❑ SIGNED COPY RETURNED DATE SENT: ;OMMENTS: Innlu COUNCIL MEETING DATE: November 19,2019 ITEM `¢ -6b® CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC SAFETY TESTING(PST)TOTAL COMPENSATION AMENDMENT FROM$47,500.00 TO $50,060.00,(AN INCREASE OF$2,560.00). POLICY QUESTION: Should the Federal Way Police Department amend the existing subscriber agreement with Public Safety Testing to increase the total compensation from$47,500 to $50,060? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: Nov 12, 2019 Council Committee—(PRHS&PSC) CATEGORY: ® Consent El Ordinance Public Hearing E City Council Business Resolution Other STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police Attachments: 1. Staff Report 2. Amendment#3—increases total compensation to $50,060 Options Considered: 1. Approve the execution of this contract amendment 2. Do not approve this amendment MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract amendment arirgrAlr, � .. t7MAYORAPPROVALDIRECTOR APPROVAL: urC COMMITTEE RECOMMENDATION: I move to forward contract Amendment 43 of the existing Subscriber Agreement with Public Safety Testing,for the Rec.rlitir ent and Testing of police candidates, to the.November 19, 2019 Council consent agenda far approval. ember,,,,/' Committee Chair tVCommit*tee11etni1:ier — Co ni ,r ee,Mm be PROPOSED COUNCIL MOTION: "I move approval of `Amendment 93' of the existing Subscriber Agreement with Public Safety Testing, increasing the total compensation to no more than $50,060, and authorize the Mayor to sign said agreement". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) tUNCIL ACTION: N, APPROVED jjjj4jZV(1q COUNCIL BILL# DENIED First reading ® TABLED/DEFERRED/NO ACTION Enactment reading _ ® [MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: November 12, 2019 TO: City Council Members VIA: Jim. Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Public Safety Testing (PST)—Amendment#3 —Total Cost of Compensation Increase —_..........— — ...mm________....................................._........................m I inancial Impacts: Amendment 43 is being submitted to request a total cost increase of$2,560.00. The funding source will come from the existing Federal Way Police Department budget. BackgroundInformation: In 2017, FWPD contracted with PST to provide a Lieutenant Assessment Center testing process to establish a list of qualified lieutenant candidates for promotion. The cost for the Assessment Center process was paid for using funds set aside for the Subscriber Agreement. This depleted a large percentage of the available funds. In December 2017, we no longer had sufficient funds to continue paying PST for their services. We submitted a contract Amendment to increase the total cost of compensation from $22,500 to $37,500, which was approved. In December 2018, we initiated the process to contract with PST for another Lieutenant Assessment Center testing process to be conducted in mid-2019, after being informed of anticipated retirements during the 2019 calendar year. Amendment#2 requested the total cost of compensation be increased to$47,500 to cover the 2019 Lieutenant Assessment Center testing process and the remainder of the$7,500 annual recruitment and testing costs for 2019. Amendment #3 requests the total cost of compensation be increased to $50,060 (an additional $2,560) to cover the administrative costs of the 2019 Lieutenant Assessment Center testing process due to the large pool of candidates, the PST employees' travel and housing expenses, and to cover the remainder of the annual recruitment and testing costs for 2019. We are due to negotiate for a new agreement in 2020. The services provided by PST are excellent and no other vendor meets our recruitment and candidate testing requirements. Rev. 10/2019 CITY OF C11TY HA� 11 333 �8th verlU.0 SOUth FoderW Way,VVA Fe1 X253) p35700 980,03-6325 AMENDMENT NO. #3 TO SUBSCRIBER AGREEMENT FOR POLICE OFFICER RECRUITMENT & TESTING This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation("City"also"Subscriber"),and Public Safety Testing,Inc.,a privately owned Washington corporation or a sole proprietor("Contractor"). The City and Contractor(together"Parties"), for valuable consideration and by mutual consent of the Parties,agree to amend the original Subscriber Agreement for Police Officer Recruitment and Testing("Agreement") dated effective January 25, 2016, as amended by Amendments No's 1 and 2, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced on page one (1) of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment,as delineated in Exhibit B-3,attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s). Except as otherwise provided in an attached Exhibit,the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments,as it existed prior to this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 11/2019 CITY OF UTY FIALL N6, 33325 Sth Y..kven *South Federal Way II iedieir [Way VIA 98003-6325 ( r3) 835-7000 KnNw a 1yraa[Wealwa,y.a:•om IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: B � Jim, ea;ell, ayor or S lrtie "olartey, CMS icy "le:Nl .. .... DATE: _mm, . , "" � APPROVED AS TO FORM: J. Ryan Call City Attorney •'� orney PUBU , S �STING, INC.: d By: ' Prin4Name: 4ori F. Walter's Jr. Title: President Date: . STATE OF WASHINGTON ) )ss. COUNTY OF KING ) O this day pers"ally appeared before me UV 041--kY-C, ,known by me to be the of �, - l that executed the foregoing instrument,and acknowledged the said instrument to be the free and volulitary act m deed of said privately owned corporation,for the uses and purposes therein mentioned,and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this of ,- . . da y ... Notary's signature L,— ` ` �` aif �°� A" ,� Notary's printed name Notary� ul-ric in and for the State of Washington. AUV l IWAwy Public My commission expires .... ,�--11-2�b ftelte of i o OW ii AMENDMENT — 2 — 11/2019 cily OF CITY HALL 10L 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 N ' h °" (253) 835-7000 EXHIBIT B-3 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the agreed Services, the City shall pay the Contractor an additional amount not to exceed Two Thousand Five Hundred Sixty and no/100 Dollars ($2,560.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Fifty Thousand Sixty and no/100 Dollars ($50,060.00). 2. Method of Compensation: All related professional fees, noted and described on page one (1) of this agreement, and shall remain unchanged by this amendment. AMENDMENT - 3 - 11/2019 RETURN TO: J Gf�11 S 4M .. EXT: ar>3 a CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: SIU M r kn &s IR R C-S ORIGINATING STAFF PERSON: I-ea., V EXT: A,532 3. DATE REQ.BY: 1 241 9 TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): kk-011 ❑ INTERLOCAL OTHER SAt-65C4Z% -eemL.n4 PROJECT NAME: I., C..f 4 ! NAME OF CONTRACTOR: �GaCS ,n ADDRESS: a CD3 b TELEPHONE ` 25 -7 Z4,-q6 I S E-MAIL: 7 L e Yy+ FAX: SIGNA"3 ' ENA E: S TITLE EXHIBITS AND ATTACHMENTS:K SCOPE,WORK Oil SERVICES)�,COh4PENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: O 1 101 1 zozo COMPLETION DATE: 121 31 I zozz. TOTAL COMPENSATION$ /q7 Q (INCLUDE EXPENSES AND SALES TAX,IF ANY) (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 ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE Y PURCHASING: PLEASE CHARGE TO: QD -Zl D -f7 9 -S 2.l- 11 -491) 0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW -1/2!. tis 19 I� 1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/DATE SIGNED ❑ LAW DEPARTMENT ❑ SIGNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK G SIq ❑ ASSIGNED AG# AG' W1 ', ❑ SIGNED COPY RETURNED DATE SENT: ,OMMENTS: i/7n1R Public Safety, T'esMnq 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: City of Federal Way, WA POSITIONS: Law Enforcement Officer written &physical ability testing: Z Check all that apply 0' Law Enforcement Officer(entry-level) 0"Law Enforcement Officer(lateral/experienced) COMMENCEMENT DATE: January 1, 2020 TERM & PROFESSIONAL FEES: ❑ One-year agreement at$7,724 annually Z Check one T""Three-year agreement at the following: 1/1/2020— 12/31/2020 at $7,724 annually 1/1/2021 — 12/31/2021 at$7,952 annually 1/1/2022— 12/31/2022 at$8,188 annually AGENCY ADD-ON COUPONS V(Agency Add-On Coupons for Federal Way recruiters Check to request to offer Federal Way candidates at test sites (invoiced at $10 per coupon used) TERMINATION. ❑ This agreement terminates December 31, 2020 :) Check one NKThis agreement terminates December 31, 2022 REMOTE TESTING U3 SUBSCRIBER authorizes candidates who reside outside of the (OUT OF REGION TESTING) Pacific Northwest to take the written examination in the region Z Check all that apply where they reside through a network of college testing facilities. The physical ability test, if required, must be conducted by SUBSCRIBER (or SUBSCRIBER coordinates with candidate to be tested at a scheduled PST event) within 990 days of the written exam. (�}Y�I CAM 1 d,4 W 5 6r,L fia" SUBSCRIBER will accept remote testing written test scores ender the following conditions: UY Written exam score only; PAT not required ❑ Written exam & PAT both required ❑ SUBSCRIBER does not authorize remote testing. 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 Subscriber Agreement Page 2 of 6 Public Safety Testing, Inc. City of Federal Way, WA 2019 2019.02 Form 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. 1.5.1 Direct Deposit (ACH Enrollment). Subscribers are encouraged to set up direct deposit (ACH enrollment) for their payments. There will be no additional fee for payments made using direct deposit (ACH enrollment). 1.5.2 Credit Card. A three percent (3%) fee will be added at the time of payment to each payment made using a credit card. The purpose of such fee is to cover Contractor's credit card processing fees. 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 18 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. Subscriber Agreement Page 3 of 6 Public Safety Testing, Inc. City of Federal Way, WA 2019 2019.02 Form 3.4 The Subscriber specifically understands and acknowledges that the Contractor may charge a reasonable testing 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 a forts. 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. 3.8 Subscriber understands and acknowledges that a candidate's PST Personal History Statement (PHS) will be stored electronically by PST for 24 months from the date the candidate uploads the PHS to the PST website. Any PHS stored more than 24 months will automatically be deleted and will no longer be available to the Subscriber from the PST server. 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/or 41.12 and/or 41.14 RCW, or the terms of other applicable statute as the Subscriber shall notify the Contractor that 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 Conti-actor 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. Subst.._: Agreem Page 4 of 6 Public Safety Testing, Inc. City of Federal Way, WA 2019.02 Form 6. Indemnity 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. 7. Termination. This agreement terminates as noted in the Termination section on Page 1 of this Agreement. The Contractor and/or the Subscriber may also withdraw from this Agreement at any time for any reason with 60 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, 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 the Term & Professional Fees section on Page 1 of this Agreement. The early termination fee is in addition to any other fees agreed to by this Agreement. Subscriber Agreement Page S of 6 Public Safety Testing, Inc. City of Federal Way, WA 2019 2019.02 Form 8. Entire Acireement, 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. , r This Agreement is dated this day of ID✓,Qr btfi . 2019. CITY OF FEDERAL WAY, WA PUBLIC SAFETY,TESTING, INC. By: Edi By: November 12. 2019 Print: Jean Stanley Print: Jon F. Walters. Jr. Its: Human Resources Manager Its: President Contact: Jean Stanley Jon Walters Address: 33325 8th avenue S. 20818 -44th Ave. W., Suite 160 City/State/Zip: Federal way, WA 9800.3 Lynnwood, WA 98036 Telephone: 253-835-2532 425.776.9615 Email:jean.stanley@cityoffederalway.com jon __gubliesafetytesting.eom______ Subscriber's Contact& Address for Agency Recruiter: Billing: Name:Sun So (Please complete if differentfrom contact information above) Title: Civil Service Secretary/Chief Examiner Contact: Email: sun.so@cityoffederalway.com Title. Agency: Agency Hiring Address: Representative/Supervisor: Name: Kurt Schwan City/State/Zip: Title: rommander - Telephone: Email: icurt.sciwa (acsi_tyOffeder�lway.com Email: Chief or Agency Director: Name: Andy Hwang Title: rh j Pf Email: andy.hwan0cityof.federalway.com Subscriber Agreement Page 6 of 6 Public Safety Testing, Inc. City of Federal Way, WA 2019 2019.02 Form II RETURN TO: Kurt Schwan/PD EXT: 6875 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: PD/PROFESSIONAL STANDARDS ORIGINATING STAFF PERSON: KURT SCHWAN EXT: 6875 3. DATE REQ.BY: ASAP TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION X CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER . PROJECT NAME: POLICE OFFICER RECRUITMENT AND TESTING NAME OF CONTRACTOR: PUBLIC SAFETY TESTING ADDRESS: 20181 44T"AVE W,SUITE#160,LYNNWOOD,WA. 98036 TELEPHONE: 425-776-9615 E-MAIL: JON@PUBLICSAFETYTESTING.COM FAX: SIGNATURE NAME: JON WALTERS TITLE: PRESIDENT EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES X COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS . TERM: COMMENCEMENT DATE: JANUARY 25, 2016 COMPLETION DATE: DECEMBER 31,2019 TOTAL COMPENSATION $37,500(CURRENT)+$10,000(AMENDMENT)=$47,500(TOTAL) (INCLUDE EXPENSES AND SALES TAX,W ANY) (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 ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE X PURCHASING: PLEASE CHARGE TO: 001-2100-094-52-11-490 0. DOCUMENT/CONTRACT REVIEW INITIAL I DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) G� ❑ LAW t fri 1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/DAT SIGNED ❑ L DEPARTMENT 2,�r-I( JL SIGNATORY(MAYOR OR DIRECTOR) �-7//07 ❑ CITY CLERK 12 g 11Cl ❑ ASSIGNED AG# AG#' Co-on 2 ❑ SIGNED COPY RETURNED DATE SENT: j.p1$. 1R x6� ;OMMENTS: 1 R 4 CITY OF CITY HALL Federal Way 33325r 8th Way,WAe South003 Federal 98003-6325 (253)835-7000 www.cityoffederatway corn AMENDMENT NO.#2 TO SUBSCRIBER AGREEMENT FOR POLICE OFFICER RECRUITMENT & TESTING This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation("City"also"Subscriber"),and Public Safety Testing,Inc.,a privately owned Washington corporation or a sole proprietor ("Contractor"). The City and Contractor(together"Parties"), for valuable consideration and by mutual consent of the Parties,agree to amend the original Subscriber Agreement for Police Officer Recruitment and Testing ("Agreement") dated effective January 25, 2016, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced on page one (1) of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment,as delineated in Exhibit B-1,attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s). Except as otherwise provided in an attached Exhibit,the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] 40, AMENDMENT - 1 - 1/2019 ` CITY OF CITY HALL 33325 8th Avenue South 0. Fed a ra I Way Federal Way.WA 98003-6325 (253)835-7000 www.cityotfederaiway.corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF DERAL WAY: ATTEST: 411,By: +�� D•ki Jifrrell, ayor ephanie Courtney, CM8),(4t y Clerk DATE: 3/P-11 APPROVED AS TO FORM: ORC4 J. Ryan Call, City Attorney PUBLIC A :ET T 'TING, INC.: By: . / mA' Printed'1 ame: Jon F. Walters Jr. Title: President Date: -.4-------2.0� STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day pers ally appeared before m om-' -e=S ,known by me to be the i of �� pe y Sc\ 11►-,that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said privately owned corporation,for the uses and purposes therein mentioned,and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this, day of I ,1 A A. ,20 iCt . \ ��N%kuitisgb Notary's signature ' It.`\` , 08RYANT 4''��, Notary's printed name T K L I, ► O ..•o"Fk....... '„ Notary Public n and for the State of Washington. • :E 1,E O�p,R Y e %s S. My commission expires 51N t\ • dr i u Pu��\1�� o` �i d)�*'••. 05 14\ 't*� , �-9/ .. r i OFV\ AMENDMENT - 2 - 1/2019 CITY OF CITY HALL 33325 8th Avenue South '�.... Federal Way Federal Way,WA 98003-6325 (253)835-7000 www cityoffedera/way.com EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the agreed Services, the City shall pay the Contractor an additional amount not to exceed Ten Thousand and no/100 Dollars ($10,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Forty-Seven Thousand Five Hundred and no/100 Dollars ($47,500.00). 2. Method of Compensation: All related professional fees, noted and described on page one (1) of this agreement, and shall remain unchanged by this amendment. AMENDMENT - 3 - 1/2019 5' COUNCIL MEETING DATE: Fly 19,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC SAFETY TESTING(PST)TOTAL COMPENSATION AMENDMENT FROM$37,500.00 TO $47,500.00. POLICY QUESTION: Should the Federal Way Police Department amend the existing subscriber agreement with Public Safety Testing to increase the total compensation from$37,500 to $47,500? COMMITTEE: Parks,Recreation,Human Services, and Public Safety MEETING DATE: TSI 12,2019 Council Committee—(PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police Attachments: 1. Staff Report 2. Amendment#2—Request to increase total compensation to$47,500 Options Considered: 1. Approve the execution of this contract amendment 2. Do not approve this amendment MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract amendment MAYOR APPROVAL/29i./fr Jt ( 64, //c. /,9 DIRECTOR APPROVAL: +j /4 7 ommitte� Con cil InitiaUdate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward contract Amendment #2 of the existing Subscriber Agreement with Public Safety Testing,for the Recruitment and Testing of police candidates, to the Tw& 19, 2019 Council censeagenda for approval. MA4'"cAN mmitt Member Co tee M mmittee Chair Coembe PROPOSED COUNCIL MOTION: "I move approval of 'Amendment #2' of the existing Subscriber Agreement with Public Safety Testing, for the recruitment and testing of police candidates, effective January 25,2016 through December 31, 2019, increasing the total compensation to no more than $47,500, and authorize the Mayor to sign said agreement". (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) UNCIL ACTION. APPROVE 1 li COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) • ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: February 12, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Public Safety Testing (PST)—Amendment#2—Total Cost of Compensation Increase Financial Impacts: Amendment#2 is being submitted to request a total cost increase of$10,000. The funding source will come from the existing Federal Way Police Department budget. • Background Information: In 2017, FWPD contracted with PST to provide a Lieutenant Assessment Center testing process to establish a list of qualified lieutenant candidates for promotion. The cost for the Assessment Center process was paid for using funds set aside for the Subscriber Agreement. This depleted a large percentage of the available funds. In December 2017, we no longer had sufficient funds to continue paying PST for their services. We submitted a contract Amendment to increase the total cost of compensation from$22,500 to $37,500,which was approved. In December 2018, we initiated the process to contract with PST for another Lieutenant Assessment Center testing process to be conducted in mid-2019, after being informed of anticipated retirements during the 2019 calendar year. Amendment#2 requests the total cost of compensation be increased to$47,500 to cover the 2019 Lieutenant Assessment Center testing process and the remainder of the$7,500 annual recruitment and testing costs for 2019. Amendment#2 will be effective on the date signed through December 31, 2019. The services provided by PST are excellent and no other vendor meets our recruitment and candidate testing requirements. Rev.7/18 1 1 RETURN TO:.�R , 1 EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: 41/4.) Sp`j s ORIGINATING STAFF PERSON: - * C.. C \ ` EXT: 4'7 ( S 3. DATE REQ. BY: 2 7Y(3 TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ,LCONTRACTAMENDMENT(AG#): 16 -b ( T ❑ OTHER ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL . PROJECT NAME: \D1� LY— I e_srooL t?- k'"---)•,)\-- ---r::?, • NAME OF CONTRACTOR:;3Ll L SP..1, ADDRESS: DSIV 1FBF /�Y_ ,.-f �T._#-I o Lig(NLose; ul- �do37, TELEPHONE 42� 7"7k, --€14:4E-MAILn—b0 e_�4�la,' L.ci CITY or ,ti Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com AMENDMENT NO. #1 TO SUBSCRIBER AGREEMENT FOR POLICE OFFICER RECRUITMENT & TESTING This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City" also "Subscriber"), and Public Safety Testing, Inc., a privately owned Washington corporation or a sole proprietor ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Subscriber Agreement for Police Officer Recruitment and Testing ("Agreement") dated effective January 25, 2016, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced on page one (1) of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s). Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT 1 3/2017 4 4. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: DATE: R. Mf fOyL. 7rM 1E22Ek. Title: President Date: ‘21 STATE OF WASHINGTON ss. COUNTY OF KING ATTEST: anie Courtney, CM ity Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me \bn Wp,\i(CS , known by me to be the ?if Sid M' of `NOV SaSCW\ 1 -Vin' that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said privately owned corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. EN my hand and official seal this, 2'1 AMENDMENT Notary's signature Notary's printed name day of 0A , 20 \x6 Notary Public in and for the State of Washington. My commission expires a Za I►� 2 3/2017 Federal Way EXHIBIT B-1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com 1. Total Compensation: In return for the agreed Services, the City shall pay the Contractor an additional amount not to exceed Fifteen Thousand and no /100 Dollars ($ 15,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Thirty Seven Thousand, Five Hundred and no /100 Dollars ($37,500.00). 2. Method of Compensation: All related professional fees, noted and described on page one (1) of this agreement, and shall remain unchanged by this amendment. AMENDMENT 3 3/2017 II RETURN TO: ,i-e ar\ Stan 1 f__ EXT: (95 3 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING 2. ORIGINATING 4. TYPE ❑ CONTRACTOR ❑ PUBLIC ❑ PROFESSIONAL ❑ GOODS ❑ REAL ❑ ORDINANCE ❑ CONTRACT OTHER 5. PROJECT 6. NAME 7. EXHIBITS 8. TERM: 9. TOTAL REIMBURSABLE IS SALES CITY 10. DOCUMENT ❑ PROJECT ❑ DIRECTOR ❑ RISK ❑LAW 11. COUNCIL 12. CONTRACT SENT ❑ ATTACH: ❑ LAW ❑ CHIEF ❑ SIGNATORY ❑ CITY CI ASSIGNED ❑ SIGNED COMMENTS: DEPT./DIV: )--)U YY A VI 1 - souv -C. STAFF PERSON: /-e-C V\ 5 +LL VI I e. Li EXT: 2 3 3. DATE REQ. BY: 01 I?S / O I (D OF DOCUMENT (CHECK ONE): J SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION AMENDMENT(AG #): ❑ INTERLOCAL SU %S Lie- loe to Wee ✓Y« r NAME: Po Lt Ce. 0 `1 c---t(' P O._ �L a_u (+ rvvc �A- / 7- e 51-i ell OF CONTRACTOR: RJo L C-- 514 (e4--Li TC.. 1---1 v+ oi ADDRESS: 2091$' V Wh Avenues 1) 5 #e. I GU Lyvint.0 3 OA 431.03, TELEPHONE 14-.5 '7'2( '7i S- E -MAIL: o n tic 6ii C sa f e i-e 5¢-i vrd� , e ern FAX: SIGNATURE NAME: -70 vi (,() A I } e.i2S TITLE boat S )d C rd-- AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS COMMENCEMENT DATE: 0 3 /2.S" / A!) / (.a COMPLETION DATE: 1 ZJ 31 12DI q COMPENSATION $ ca S-2)0 1:31!1 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ PLEASE CHARGE TO: 00 / - 2100- 601g-524-1i- qv) /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED MANAGER MANAGEMENT (IF APPLICABLE) Thu- II2 I Icp APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: SIGNATURE ROUTING TO VENDOR/CONTRACTOR DATE SENT: D //cislo9Oi lv DATE REC'D: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED DEPARTMENT OF STAFF (MAYOR OR DIRECTOR) CLERK V_ � wall i AG# AG' 1(p -013 COPY RETURNED DATE SENT: / - 2(p-1(p 11/9 Public Swirly 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: City of Federal Way, WA POSITIONS: Et/jaw Enforcement Officer (entry- level) • Check all that apply Law Enforcement Officer (lateral/experienced) COMMENCEMENT DATE: March 25, 2016 FEE: a Law Enforcement Officer written & physical ability testing @ $7,500 annually TERM: • Select one OUT OF REGION TESTING: • Select one ❑ Three years + 3 months subscription (this agreement expires June 30, 2019) Three years + 9 months subscription (this agreement expires December 31, 2019) WI SUBSCRIBER authorizes candidates who reside outside of the Pacific Northwest to take the written examination in their region. The physical ability test, if required, must be conducted by SUBSCRIBER (or SUBSCRIBER coordinates with candidate to be tested at a scheduled PST event), within 90 days of the written exam (6 months for FF CPAT). -A L CMDi 1. }f ❑ SUBSCRIBER does not authorize out -of- region testing. 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. 1.5.1 Direct Deposit (ACH Enrollment). Subscribers are encouraged to set up direct deposit (ACH enrollment) for their payments. There will be no additional fee for payments made using direct deposit (ACH enrollment). 1.5.2 Credit Card. A three percent (3 %) fee will be added at the time of payment to each payment made using a credit card. The purpose of such fee is to cover Contractor's credit card processing fees. 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. Subscriber Agreement Page 3 of 6 Public Safety Testing, Inc. City of Federal Way, WA 2016 201 5.02 Form 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. 3.8 If the Subscriber elects for the Contractor to conduct physical ability testing for firefighter candidates, the Subscriber agrees to complete a Candidate Physical Ability Test (CPAT) validity transportability study and successfully apply to the International Association of Firefighters (IAFF) for a CPAT License. The one- time fee for the validity transportability study is $750. If the Subscriber is currently CPAT licensed, the Subscriber agrees to maintain a valid CPAT license throughout the term of this agreement. 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 /or 41.12 and /or 41.14 RCW, or the terms of other applicable statute as the Subscriber shall notify the Contractor that 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. Indemnity 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; Subscriber Agreement Page 4 of 6 Public Safety Testing, Inc. City of Federal Way, WA 2016 2015.02 Form 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. 7. Termination. This agreement terminates as noted in the Fee & Term section on Page 1 of this Agreement. The Contractor and /or the Subscriber may also withdraw from this Agreement at any time for any reason with 60 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. Section 7.1 does not apply to multi -year subscriptions with 90 day termination notice. Subscriber Agreement Page 5 of 6 Public Safety Testing, Inc. City of Federal Way, WA 2016 2015.02 Form 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 a5day of `� t� , 2016. CITY OF FEDERAL WAY, WA By: Print: Jean Stanley Its: Human Resources Manager Contact: Jean Stanley Address: 33325 8th Avenue S. PUBLIC SAFETY ESTING, INC. By: Janua 20 2016 Print: Jon F. Walters, Jr. Its: President Jon Walters 20818 — 44th Ave. W., Suite 160 City /State /Zip: Federal Way, WA 98003 Lynnwood, WA 98036 Telephone: 253 -835 -2532 425.776.9615 Email: jean.stanley @cityoffederalway.com jonapublicsafetytesting.com Subscriber's Contact & Address for Billing: (Please complete if different from contact information above) Agency Recruiter: Name: Sun so Title: Civil Service Secretary /Chief Examiner Contact: Email: sun.so@cityoffederalway.com Title: Agency: Address: City /State /Zip: Telephone: Email: Subscriber Agreement Agency Hiring Representative /Supervisor: Name: Title: Email: Chief or Agency Director: Name: Andy Hwang Title: Chief of Police Email: andy .hwang(acityoffederalway.com Page 6 of 6 Public Safety Testing, Inc. City of Federal Way, WA 2016 201 5.02 Form