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5348
PUBLIC SAFETY TESTING, INC
Subscriber Agreement
Human Resources
LEG 12-1
1/16/2014
1/15/2015
10/1/2014
2015
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Pv61ic �
Teshng
SUBSCRIBER AGREEMENT
WHEREAS, Public Safety Testing, Inc is a skdled provider of pre-employment
testmg 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 subscribmg public entity desires to Join in a Subscriber
Agreement, NOW, THEREFORE,
Public Safety Testmg, Inc (the "Contractor") and the City of Bremerton, a
municipal corporation of the state of Washington (heremafter "Subscriber") do enter into
this Subscriber Agreement under the terms and conditions set forth herein
SUBSCRIBER
POSITIONS
(check all that apply)
COMMENCEMENT DATE
TERM & FEES
(check one)
City of Bremerton, WA
�1 Law Enforcement Officer (entry-level)
❑ Law Enforcement Officer (lateral/experienced)
a�►v�r � , 201��
Law enforcement officer written & physicai
abdity testing
� One year subscription @ $3,400
❑ Three year subscription at the
following rates
Year #1 @ $3,000
Year #2 @ $3,200
Year #3 @ $3,400
EXPIRATION DATE.
�Q�I1Nq�v'�I � �� , 201 S � �
1 Descriqtion 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 Advertismg and recruitmg assistance, application processing, and
administration of pre-empioyment written examinations and physical abdity
tests for those posit�ons 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 passmg applicants upon its eligibility list,
and rank them relative to other candidates on appropriately constituted
contmuous testmg eligibility lists Contractor will report "raw" test scores to the
Subscriber — no preference pomts will be factored mto applicant scores and it is
the Subscriber's responsibdity to factor veteran's preference pomts in
accordance with applicable federai and state laws Written examination scores
will be reported to the Subscriber as a percentage score (based on 100°/a) and
physical abd�ty test scores will be reported as "Pass" or "Fad" The passing
score for written exammations is set by the test developer at 70%
1 3 Appear m any admm�strative or civil service proceedmg m order to testify to and
provide any and ail 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 chailenges to or appeals from the
testing process The Contractor shall appear without additional charge The
Subscriber shail pay the reasonable cost of travel and appearance for any
expert witness deemed necessary by the Subscriber to validate the testing
process, includmg 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 adm�nistrative or court proceeding arismg from or out of a ciaim
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 m whole or m part on other testing process(es) "Other testing
process(es)" means any test or testing process other than those provided by
the Contractor under this Agreement
1 4 Term & Fees The term of this agreement and the related professional fees are
noted on page one (1) of this Agreement
1 5 Pavment Subscriber shall pay an amount equal to twenty-five percent (25%)
of the annual fee set forth above quarterly for services rendered m the
previous quarter and for basic serv�ces mcludmg but not limited to, software
relating to online application, advertising formats, previously advertised
scheduling of test dates, model civil service rules, testing systems, as weli 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 S Public Safery Teshng, Inc
Ctty of Bremerton, WA 2013
2 Additional Services In addition to the services provided under this Agreement, the
Subscriber may, at its sole discretion, elect to purchase add�tional serv�ces from the
Contractor Such services shall be requested by and contracted for pursuant to
separate written agreement
3 Acknowledaements of Subscriber The Subscriber understands and acknowledges,
and specifically consents to the following stipulations and provisions
3 1 Because applicabie civd service law prohibits havmg multiple eligibdity lists for
the same class of hire, this Agreement is an exclusive agreement for these
sernces
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, personnei policies and civil service rules (as
applicable) to ensure compliance with the provisions of this Agreement
3 3 An appl�cant may, in addition to the Subscriber's eligibdity list, elect to have
his/her score reported to and sub�ect to placement on the eligibility list of any
other Subscriber Nothmg m this Agreement shall be interpreted to prohibit the
use of an appl�cants' score for consideration in or processing through any other
subscriber's hiring and/or civil service eligibility process The Subscriber
agrees that �f an appiicant is hired by another agency through this service, the
applicant's name shall be removed from Subscriber's eligibdity 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 advert�s�ng as it deems
necessary to support/enhance recruiting efforts The Subscriber shall Imk
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 m 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 mformation appearing on
the agency's PST website profile and the names of any candidates hired
through these services
4 Testina Standard and Warrantv of Fitness for Use All testmg services conducted
under this Agreement shall be undertaken in accordance with the provisions of the
Washington State Civd Service Statutes, Chapter 41 08 and 41 12 RCW, or the
terms of other applicable statute as the Subscriber shall notify the Contractor that
Subscriber Agreement Page 3 of S Publrc Safety Testtng, Inc
City of Bremerton, WA 2013
the Subscnber must meet Tests shall also be conducted in accordance with the
general standards established by the Subscriber, the Subscriber shall be
respons�ble for notifying the Contractor of any unusual or speciai process or
limitation The test utdized, the proctoring of the test and any and all other services
attendant to or necessary to provide a valid passing or fading score to the Subscriber
shall be conducted in accordance with generally accepted practice in the human
resources, Civd 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 busmess hours Any and all
written materials, and the standards for physical fitness testing utdized, shati comply
with all applicable copyrights and laws The Contractor expressly agrees and
warrants that all tests and wntten 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 admmister any written materials and tests in
accordance with such agreements and laws If Subscriber uses or authonzes 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 ail
agents, employees or contractors of the Contractor, shail have such relation oniy
with the Contractor Nothing herem shall be interpreted to create an employment,
agency or contractual relationship befinreen the Subscriber and any employee, agent
or sub-contractor of the Contractor_
6 Indemnitv and Hold Harmless The parties agree and hoid harmless each other,
their officers, agents and employees m accordance with the follo�nnng provisions
6 1 The Contractor shall indemnify and hold harmless the Subscriber, its
employees and agents from any and all costs, claims or liabdity arising from
6 1 1 Violation of any copyright agreement or statute relatmg to the use and
administration of the tests or other written materials herein prov�ded for,
6 1 2 Any cost, claim or liabdity aris�ng from or out of the cla�ms of an
employee, agent or sub-contractor to the end that the Contractor shall be
an mdependent Contractor and the Subscriber shall be relieved of any
and all claims ac�sing from oc relating to such employment relat�onships
or contracts between the Contractor and third parties,
61 3 The alleged negligent or tortious act of the Contractor m the provision of
services under this Agreement
61 4 This indemrnty shall not apply to any administrative or court proceeding
arising from or out of any process m which the Subscriber has utdized or
authorized other testmg process(es)
6 2 The Subscriber shall indemnify and hold harmless the Contractor, its officers,
agents and empioyees from any and all cost, claim or liability arismg from or out
of the alleged negligent or tortious act of the Subscriber in the provision of
services hereunder
Subscriber Agreement Page 4 of S Public Safery Testing, Inc
Ctty of Bremerton, WA 2013
7 Termination This Agreement terminates on the date noted on page one (1) of this
Agreement The Contractor and the Subscriber may withdraw from this Agreement
at any time for any reason with 90 days written notice, provided, however, that the
provisions of paragraphs 1 3, 4, 5 and 6 shall remain in full force and effect following
the termination of this Agreement with respect to, and contmuing for so long as any
applicant tested by the Contractor remains on the eligibdity list of the Subscriber
7 1 If the Subscriber elects to terminate this Agreement prior to the termination
date specified m section 7, Subscriber shali pay the Contractor an early
termination fee The purpose of this early termmation 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 m Section 1 4 of this Agreement
The early termination fee �s in addition to any other fees agreed to by this
Agreement
8 Entire Agreement, Amendment This is the entire Agreement befinreen the parties
Any prior agreement, written or oral, shali be deemed merged with its provisions
This Agreement shali not be amended, except m writing, at the express written
consent of the parties hereto
This Agreement is dated this — p�� day of � _ , 201�
CITY OF BREMERTON, WA
/ ,,
: `� � _ / �/�i ` `,/, / , /
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PUBLIC SAFETY TESTING, INC
By
Print (- Y 1C,�,1(' �� ��o l 1(1�p �'� Print Jon F Walters, Jr
Its _ l'�V �lCc.�rl �-e��cNCe.S fNl� r. Its President
Contact l..J�1GLV��o�t+e �IrYlor-2
Address ?��f S �� 5� �} . � ��
C ity/state I�/'.-e l/V(,� �'7'Ol/I . Gl,� ` S 3 3�
Telephone L3� nD� ����'J I�D
Jon Walters
20818 – 44 Ave W, Suite 160
Lvnnwood. WA 98036
425 776 9615
Subscraber Agreement Page S of S Public Safety Testing, Inc
Crty of Bremerton, WA 2013