AG 21-189 - PUBLIC SAFETY TESTINGRETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
. ORIGINATING DEPT./DIV: PD
. ORIGINATING STAFF PERSON: Lynette Allen
EXT: 6701 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
A PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G.EONDMLATEDDOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL
❑ OTHER
PROJECTNAME: Public Safety Testing Subscriber Agreement -Amendment #1
NAME OF CONTRACTOR: Public Safety Testing
ADDRESS: 20181 44th Ave W. Suite #160, Lynnwood, WA 98036 TELEPHONE 425-776-9615
E-MAIL: Jon@publicsafetytesting.com FAX:
SIGNATURE NAME: _ion Walters TITLE President
EXHIBITS AND ATTACHMENTS: O SCOPE, WORK OR SERVICES IN COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: November 2021
COMPLETION DATE: December 31, 2022
TOTAL COMPENSATION $ 25,500 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES 19NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED OYES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDI
❑ PURCHASING: PLEASE CHARGE TO: 001-2100-094-521-11-490
0. DOCUMENT/CONTRACT REVIEW
❑ PROJECT MANAGER
A DIRECTOR
❑ RISK MANAGEMENT (IFAPPLICABLE)
❑ LAW
INITIAL / DATE REVIEWED
Andy Hwang f $1
irc 12/15/2021
INITIAL / DATE APPROVED
1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 12 115f( COUNCIL APPROVAL DATE: r? 14 ao,
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.)
❑ LAW DEPARTMENT
U,L 'NATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG#
;OMMENTS:
CITY OF CITY HALL
anv 33328 8th Avenue South
Fed=Ya l
Federal Way, WA 98003-6325
'- (253) 835-7000
MAv_+.r"Madiarr imly. coin
AMENDMENT NO. 41
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 1, 2020, 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 13-1, 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]
AMENDMENT - 1 - 11 /2019
CJTY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 838-7I200
:ri�v.Gt'rvllcsrlW1� Kay. corn
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
ATTEST:
�V41-6 _
3iz1�ee ll, ! yor Stdphhnie Courtney, CMC, ty lerk
DATE:
PUBLIC WETY XFSTiNG, INC.:
Ir.
Title: President
Date:O4
APPROVED AS TO FORM:
J, Ryan Call, City Attorney
AMENDMENT - 2 - 11 /2 d 19
CITY OF
Federal Way
EXHIBIT B-1
ADDITIONAL COMPENSATION
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
Vrivw.61yonederolmly.. eom
1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to
exceed Twenty -Five Thousand Five Hundred and N0/100 Dollars ($25,500). 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 Five Hundred and N0/100 Dollars ($50,500).
2. Method of Compensation: All related professional fees, noted and described on page one (1) of this
agreement, shall remain unchanged by this amendment and Payment terms shall remain the same as described in
Section 1.5 of the original agreement.
AMENDMENT - 3 - 11/2019
COUNCIL MEETING DATE: January 18, 2022 ITEM #: 5f
................ . .....
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Public Safety Testing Subscriber Agreement — Amendment #1
POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department amend the
contract with Public Safety Testing (PST) to increase compensation?
COMMITTEE: PRHS&PSC MEETING DATE: January 11, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Steve Neal, Deputy Chief..of Police DEPT: Police Department
Attachments:
1. Staff Report
2. PST Subscriber Agreement — Amendment 41
Options Considered:
1. Approve the proposed agreement.
2. Do not approve the proposed agreement and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL:
RECTOR APPROVAL:
+ initial
COMMITTEE RECOMMENDATION: "I move to forward the proposed contract amendment to the January 18,
2022 consent agenda for approval. "
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed contract amendment. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE
�pUNCIL ACTION
r� �
�'f't' APPROVED I I[9+ �.�I 2—
COUNCIL BILL #
❑ DENIED
1ST reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — I1/2019
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: January 11, 2021
TO: Federal Way City Council
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Public Safety Testing Subscriber Agreement 2020 — 2022
Financial .Impacts:
The cost for Amendment # 1 to the Public Safety Testing (PST) 2020-2022 subscriber agreement will
be $25,500.
Background Information:
The Federal Way Police Department (FWPD) originally entered into a PST Subscriber Agreement
around 2013 for the recruitment and testing of entry level and lateral police candidates. In 2017, PST
started holding promotional assessment center testing, as well as, continuing with recruitment and
testing of police candidates. All of this is coordinated and observed by a FWPD Commander and/or
Administrative Lt/Officer.
A new Public Safety Testing Subscriber Agreement was entered into for January 1, 2020 through
December 31, 2022. This initial agreement covered the generalized annual costs; however, our
testing fees were underestimated, and in 2021 we conducted two special assessment centers. One for
a Commander promotion and one for a Lieutenant promotion. For these reasons our initial funding
was depleted in the second quarter of 2021. To cover our funding shortage and in anticipation of a
possible specialized assessment center in 2022, we are requesting that the additional $25,500 be
approved.
i I RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM j
1. ORIGINATING DEPT./DIV: PD
2. ORIGINATING STAFF PERSON: Lynette Allen
EXT: 6701 3. DATE REQ. BY: ASAP
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
It 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#): ❑ INTERLOCAL
❑ OTHER
5. PROJECT NAME: Public Safety Testing Subscriber Agreement
6. NAME OF CONTRACTOR: Public safety Testing
ADDRESS: 20161 44th Ave W. Suite #160, Lynnwood, WA 98036 TELEPHONE 425-776-9615
E-MAIL: Jon@publicsafetytesting.cwm FAX:
SIGNATURENAME: Jon Walters TITLE President
7. EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES N COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: January 1, 2020
COMPLETION DATE: December 31, 2022
9. TOTAL COMPENSATION $ 25,000 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES N NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY: ElCONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ElRETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: 001-2100-094-521-11-490
10. DOCUMENT/CONTRACT REVIEW
❑ PROJECT MANAGER
* DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
11. COIINCILAPPROVAL(MAPPLICABLE)
12. CONTRACT SIGNATURE ROUTING
INITIAL/DATE REVIEWED
Andy Hwang
COM MITTEE APPROVA 1. DATE: _
INITIAL I DATE APPROVED
COLINCILAPPROVALDATE: 140471
❑ 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.)
❑ AW DEPARTMENT
SIGNATORY (MAYOR OR
ITY CLERK
❑ ASSIGNED AG#
INITIAL / DATE SIGNED
mlffl�ilp I =I
2/2017
Public 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: City of Federal Way, WA
POSITIONS: Law Enforcement Officer written & physical ability testing.
Check all that apply 62' Law Enforcement Officer (entry-level)
Q' Law Enforcement Officer (lateral/experienced)
COMMENCEMENT DATE: January 1, 2020
TERM & PROFESSIONAL FEES: ❑ One-year agreement at $7,724 annually
:D Check one
9KThree-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 W( 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
:D Check one
VThis agreement terminates December 31, 2022
REMOTE TESTING [/ 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
9�0 days of the written exam. LAT5zAj &r,Aj�,% S do
SUBSCRIBER will accept remote testing written test scores
under the following conditions:
Written exam score oniy; 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, W11 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 Oe posit (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, KA 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 efforts. The SutE7criber 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 activeiy participate in recrLriting 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 1Narrant or 1~itness 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 shalil be interpreted to create an employment,
agency or contractual relationship between the Subscriber and any employee, agent
or sub -contractor of the Contractor.
Subscriber Agreement Page d of 6 Public Safely Testing, Inc.
Ciro of Federal Way, WA 2019 20.19.02 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 Pugc 5 of 6 Public Snfety Testing, Inc.
City of Federal W'av, H'A 20.19 2019 02 Fang
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 / > day of A QV-OynbtrL 2019.
CITY OF FEDERAL WAY, WA PUBLIC SAFETY TESTING, INC.
By: Q/1 �LUL (.l�L( By: i ovember 12, 2019
Print: Jean Stanley Print: Jon F. Walters, Jr.
Its: Human -Resources Manager
Contact: Jean Stanley
Address: 33325 8tb Avenlie _
City/State/Zip: Federal way, WA 98003
Telephone: 253-835-2532
Email: iean.sGaniey@cir offederalwa .com
Subscriber's Contact & Address for
Billing:
(Please complete if differentfrom contact
information above)
Contact:
Title
Agency:
Address:
City/State/Zip:
Telephone
Email:
Its: President
1-n tnlnl+or�
20818 - 44th Ave. W., Suite 160
Lvnnwood, WA 98036
425.776.9615
ionOmublicsafetytesting.com
Agency Recruiter:
Name: sun so
Title: civil Service Seere ary/Chi-.g Examiner
Email: sun. so@cityoffederalway. com
Agency Hiring
Rep resentative/S u pervisor:
Name: Kurt Schwan
Title. _ Commander
Email: kur.t.,�hwaa�ityo fedcX3lway.com
Chief or Agency Director:
Name: Andy Hwang
Title: rhi Pf
Email: andv.I-wake @Icit affederalwa .com
Subscriber Agreement Page 6 of 6 Public Safety Testing, Inc.
City of Federal Way, WA 2019 2019.02 Form
COUNCIL MEETING DATE: December 7, 2021 ITEM #: 6c
........... .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Public Safety Testing Subscriber Agreement
POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department enter into another
agreement with Public Safety Testing (PST)?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Steve Neal DS2ut
y.Chief of Police DEPT: Police Department
Attachments:
1. Memo for Council
2. PST Subscriber Agreement
Options Considered:
1. Accept the PST Agreement
2. Do not accept Agreement.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: D RECTOR APPROVAL:
Coma ttee� nacil ��� inilin
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: I move approval of the proposed Agreement.
(BELOW_ TO BE COMPLETED BY CITY CLERKS OFFICE)
L[NC1L ACTIU
APPROVER 11� I J W� COUNCIL BILL #
DENIED I" reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading _
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 11/2019 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: December 7, 2021
TO: Federal Way City Council
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Public Safety Testing Subscriber Agreement 2020 — 2022
Financial Impacts:
The total cost for the three-year Public Safety Testing (PST) 2020-2022 subscriber agreement, with
the add-ons, is $25,000.
Background Information:
The Federal Way Police Department (FWPD) originally entered into a PST Subscriber
Agreement for the recruitment and testing of entry level and lateral police candidates in January
2016, with three amendments being made to the 2016 agreement. In 2017, PST started holding
promotional assessment center testing, as well as, continuing with recruitment and testing of
police candidates. All of this is coordinated and observed by a FWPD Commander and/or
Administrative Officer.
The PST 2020-2022 Subscriber Agreement was inadvertently attached to amendment 93 of the
2016 agreement so we are now cleaning up our records and processing this agreement through
the appropriate Council Agenda.