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HomeMy WebLinkAbout5348Contract Number Vendor: Sub�ect: Department File Class: Begin Date End Date: Review Date: Vault Date: Comments: 5348 PUBLIC SAFETY TESTING, INC Subscriber Agreement Human Resources LEG 12-1 1/16/2014 1/15/2015 10/1/2014 2015 �_ 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 ` `,/, / , / - 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