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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 Bremerton, a
municipal corporation of the state of Washington (hereinafter "Subscriber") do enter into
this Subscriber Agreement under thei terms and conditions set forth herein.
SUBSCRIBER: City of Bremerton, WA
POSITIONS: Law Enforcement Officer written & physical ability testing:
Check all that apply 17 Law Enforcement Officer (entry-level)
0 Law Enforcement Officer (lateral/experienced)
COMMENCEMENT DATE: January 1, 2018
PROFESSIONAL FEES: 0 Law Enforcement Officer written & physical ability testing @
$3,740 annually
TERMINATION: This agreement terminates December 31, 2018
Check one
0 This agreement,terminates December 31, 2019
This agreement terminates December 31, 2020
I
OUT OF REGION TESTING VSUBSCRIBER authorizes candidates who reside outside of the
Select one Pacific Northwest to take the written examination where they
reside. 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
i days of the written exam (180 days for FF CPAT).
El 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 theIscores 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 I.ists. 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
1.4
1.5
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.
I
Term & Fees. The term of this agreement and the related professional fees are
noted on page one (1) of this Agreement.
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 6 Public Safety Testing, Inc.
City of Bremerton, WA 2018 2018.02 Form
1.5.1 Direct Deposi
set up direct deposit
additional fee for pad
,'H Enrollment). Subscribers are encouraged to
,H enrollment) for their payments. There will be no
nts 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 tolthe 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, 1personnel 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 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 Subscriber shall link
PublicSafetyTesting.com on its agency's website, if it so maintains one.
3.6 Public Safety Testing view:
The Subscriber agrees to
within the Subscriber agen
Subscriber Agreement
City of Bremerton, WA 2018
recruiting as a partnership with the Subscriber.
:tively participate in recruiting efforts for positions
Page 3 of 6 Public Safety Testing, Inc.
2018.02 Form
3.7 The Subscriber agrees to keE
hiring status, minimum and sl
the agency's PST website pr(
through these services.
the Contractor up-to-date as to the agency's
cial requirements, all information appearing on
le and the names of any candidates hired
3.8 Subscriber understands and' acknowledges that a candidate's PST Personal
History Statement (PHS) will lbe 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 Twill automatically be deleted and will no longer be
available to the Subscriber from the PST server.
4. Testinq Standard and Warrant
under this Agreement shall be ur
Washington State Civil Service S
RCW, or the terms of other applii
Contractor that the Subscriber m
accordance with the general star
Subscriber shall be responsible f
process or limitation. The test uti
services attendant to or necessa
Subscriber shall be conducted in
human resources, Civil Service a
Subscriber may monitor the actic
The Contractor shall maintain co
Subscriber may, on reasonable r
business hours. Any and all writti
testing utilized, shall comply with
expressly agrees and warrants tl
acquired by the Contractor in ac(
and laws and that it has a valid ri
tests in accordance with such ag
the use of other testing process(
F Fitness for Use. All testing services conducted
ilertaken in accordance with the provisions of the
.atutes, Chapter 41.08 and/or 41.12 and/or 41.14
able statute as the Subscriber shall notify the
st meet. Tests shall also be conducted in
dards established by the Subscriber; the
it notifying. the Contractor of any unusual or special
zed, the proctoring of the test and any and all other
y to provide a valid passing or failing score to the
accordance with generally accepted practice in the
id Public Safety Testing community. The
is and operations of the Contractor at any time.
nplete written records of its procedures and the
.quest, review such records during regular
�n materials, and the standards for physical fitness
all applicable copyrights and laws. The Contractor
at all tests and written materials utilized have been
Drdance with the appropriate copyright agreements.
jht to use and administer any written materials and
eements and laws. If Subscriber uses or authorizes
s) 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 theltests 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
Subscriber Agreement Page 4 of 6 Public Safety Testing, Inc.
City of Bremerton, WA 2018 2018.02 Form
an independent Cont
and all claims arising
or contracts between
6.1.3 The alleged negligent
services under this Ac
for and the Subscriber shall be relieved of any
m or relating to such employment relationships
Contractor and third parties;
tortious act of the Contractor in the provision of
;ment.
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 indemi
agents and employees from
of the alleged negligent or tc
services hereunder.
7. Termination. This agreement terr
Page 1 of this Agreement. The C
from this Agreement at any time
provided, however, that the provi
full force and effect following the
continuing for so long as any apf
eligibility list of the Subscriber.
7.1
y and hold harmless the Contractor, its officers,
ny and all cost, claim or liability arising from or out
ious act of the Subscriber in the provision of
iinates as noted in the Fees & Term section on
mtractor and/or the Subscriber may also withdraw
)r any reason with 60 days written notice,
ions of paragraphs 1.3, 4, 5 and 6 shall remain in
ermination of this Agreement with respect to, and
icant tested by the Contractor remains on the
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 Fees & Term 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 5 of 6 Public Safety Testing, Inc.
City of Bremerton, WA 2018 1 2018.02 Form
8. Entire Agreement, Amendment. This is the entire Agreement between the parties.
An prior a reem nt written or oral, shall be dgemed merged with its provisions.
Thi- Agreement s�iall not be amended, except in writing; ail the expreswritten
consent of the parties hereto.
This Agreement is dated this 12th day of October , 2017.
CITY OF BREMERTON, WA
= �///11'x'/"i%/'Vl//'!i�• .. -
Charlotte Nelson
Its: Human Resources Ma
Contact: Leighann, Denton
Address: 345 6th Street, Suit
City/State/Zip: Bremerton, WA
Telephone: ' 360-473-2320
PUBLIC SAFETY ESTING, INC.
?017 B : i --` "� October 11 2017
_ y V
Print: -Jon F. Walters, Jr.
er I Its: President
Email: leiahann.dentone-ci.bremerton.wa.us
Subscriber's Contact & Address I
for Billing:
(Please complete if different from contact
information above)
Contact: Lisa Garland
Title:
Agency: City of B
Address: 345 6th
City/State/Zip:
Telephone: 3E
Email: lisa.aarl
Jon Walters
20818 — 44th Ave. W., Suite 160
Lynnwood, WA 98036
425.776.9615
ionCcD-Publicsafetytesting.com
Agency Recruiter:
Name:l pinhann npnton
Title: Human Resources Analyst
Email: leighann.denton(D__ci.bremerton.wa.us
I Agency Hiring Representative/
Supervisor:
Suite 600 Name:RandvPlumb
I
WA 98337 Title: Police Lieutenant
i
-5347 I Email: randy.plumbCcD-ci.bremerton.wa.us
.bremerton.wa.us
Chief or Agency Director: Name:
Title: (.hpif Stpphpn Stranhan
I: M11, 111111
Subscriber Agreement Page 6 of 6 Public Safety Testing, Inc.
City of Bremerton, WA 2018 2018.02 Form