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HomeMy WebLinkAbout5.643 Original Contract PublicSafetyTestingjol~ SUBSCRIBER AGREEMENT 5.&<13 OR1Gt~JAL WHEREAS, Public Safety Testing, Inc. is a skilled provider of 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 was an original charter subscribing agency and desires to renew its subscriber Agreement, NOW, THEREFORE, Public Safety Testing, Inc. (the "Contractor") and the C I~ dl- }CJI'I ~'1-e/ej a municipal corporation of the state of Washington (hereinafter' Subscriber") do enter into this nonexclusive Subscriber Agreement under the terms and conditions set forth herein. 1. Description of Basic Services. The Contractor will provide the following services to the Subscriber, on its request: 1.1 Advertise for, process applications for, and administer written and/or physical agility examinations for (check all that apply): J;( Entry-level Police Officer/Deputy Sheriff personnel o Lateral Police Officer/Deputy Sheriff personnel o Firefighter personnel o Corrections Officer personnel 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. 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 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. Charter Agency Renewal Agreement May 2003 Page 1 of6 Public Safety Testing, Inc. _ ____ _4_'=~~:,:::"::.-=-~~~_:=~~:==-:.:-==::-: -. - _~:.:. _=-:. .:- ~;.r:.;:.~:.. ...... -=-::--- -- - - - - - - - -~-- . ---- ---- ._--- - .. - 1.4 The Subscriber elects (select one): o A one-year subscription at rates set forth in the attached Exhibit A incorporated by this reference as fully as if herein set forth. p4 A three-year subscription at rates set forth in the attached Exhibit A incorporated by this reference as fully as if herein set forth. 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. 2. Additional Services. At the request of the Subscriber, Contractor may provide the following types of services: 2.1 Submission to the Contractor of additional requests for applicant testing with respect to any given eligibility list or any other task under the provisions of this paragraph shall be at the sole discretion of the Subscriber. This is a non- exclusive agreement and the Subscriber may continue at its discretion to conduct entry level testing in addition to the services provided by the Contractor, and may, in addition, contract with any other entity for services during the initial one-year term of this Agreement. If the Subscriber elects to utilize the Contractor for a three-year subscription, he/she may terminate this Agreement in years two and three and contract for additional services in accordance with the provisions of paragraph 7 below. 2.2 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. Acknowledqements of Subscriber. The Subscriber understands and acknowledges, and specifically consents to the following stipulations and provisions: 3.1 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 Charter Agency Renewal Agreement May 2003 Page 2 of6 Public Safety Testing, Inc : " ~'~~:--:'--~'...:.~-=~'-""'" - -".... - -- ~r----__-- __ ---=:=--;-;::."--:~ ..::: - ^........__ ~ _ _ . - ... - . processes, advertisements, personnel policies and civil service rules (as applicable) to ensure compliance with the provisions of this Agreement. 3.2 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. 3.3 The Subscriber specifically understands and acknowledges that the Contractor may charge a reasonable application fee from any and all applicants. 3.4 The Subscriber 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. 3.5 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 Subscriber agrees to complete such prior to the administration of the CPA T for any of its candidates. 3.6 Subscriber understands that firefighter physical ability testing is typically conducted twice per calendar year. Candidate's names/test scores will be forwarded to the Subscriber typically in June and December following the completion of the CPAT. 4. Testinq 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 41.12 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 Charter Agency Renewal Agreement May 2003 Page 3 of6 Public Safety Testing, Inc. . .,::o-_7:"Y_::~:..-::_~----~ ~ ----- -- ---~.:;- -~ ~_o:: _- . --- -- - '""'~--- ~_'::"-::-. --: -............ _.....".__ _ _' __...._ ~ -==_ __ _ ..:o.~_,,_ ~--- '__ - - 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. 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. Indemnitv 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. 6.2 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. Term and Termination. This Agreement is effective January 1,2004. This Agreement terminates Dee p""6 -PR ~ J) ,200L. The Contractor and the Subscriber may withdraw from this Agreement at any time for any reason with 45 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. Provided further that in the event either party elects to terminate this agreement, prior to its expiration, any amounts paid by the Subscriber shall be pro-rated and reimbursed to the Subscriber, accordingly, within 60 days of termination of this Agreement. Charter Agency Renewal Agreement May 2003 Page 4 of6 Public Safety Testing, Inc. ~.- ---~, -,-- "--- _ _--;--:,_ ~'-_-=-c:-,,:=-.:-_ =..._ <-- ~ -~~" - -::-~~~ ~:-. - ~ '-'€ ~_~-:- -:;~ - - _--,:- ___, -= - - ~ .:~_. - ., J... ,. ~::::. _ -.. -- __...::--=-,....4,.::-""'-::f.~:?' "'- "'"""-::- :~ - "-- - ~ ._~ ~~~~. ;-~~~- --- ,+ - - -~-- - - }.~ ~~- ,.:;~~ ---~.- - - - - 8. Entire Aqreement. 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 .;z 'It!L- day of ,1/1, , 20i2.:L. By: ~ d2~:.~-/ ./ ~J..~/ t9~/~-1 By: CONTRACTING PUBLIC ENTITY Print: Print: Jon F. Walters. Jr. Its: CITY ~..,qJ~/ / (/ Its: President Charter Agency Renewal Agreement May 2003 Page 5 of6 Public Safety Testing, Inc. - ':::;~:-:-::=-""'.:'"-7"'~-::--- ::--:._....~~--:2:r~-:~7:;~-:- ~::,:~3'~~.:;::-::.:-=:-: -c -~""-----';;:- . - - ~ - ... ~. ..._~"'__ .....-~---=~" "-". -'_- -_-'- ..... ----~...._""+"'-p..,~~-..,- -. --....~........ ~:-~ ~-_-...~""'"'...-;:-__ ~~r .~-~.i:~.- -'"-. ~~--:;.<- _ __ _ _ ~+-.: _ _~ __ _ __, _, _ ... _+ . __ _ _ _ T' _ _ . EXHIBIT A Fee Structure for One-Year Subscribers Annual subscription rates for one-year subscribers are determined by the number of fulltime employees* in the department that testing services are being utilized for multiplied by 45. For Corrections Officer testing, the multiplier shall be 40. For example, if Subscriber contracted for testing services for firefighters and there are 15 full-time firefighters on Subscriber's staff, the subscription fee for one year would be $675 (15 fire x 45 = 675) each year. If Subscriber contracted for both police and fire testing and, for example, there were 25 police FTE's and 20 fire FTE's, the annual subscription fee would be $2,025 (45 police & fire x 45 = 2,025). Fee Structure for Three-Year Subscribers For state of Washington public entities that subscribe to PublicSafetyTesting.com for three years, annual subscription rates are determined by the number of fulltime employees* in the department that testing services are being utilized for multiplied by a factor as follows: YEAR # FULL-TIME x Year #1 35 Year #2 43 Year #3 50 For example, if Subscriber contracted for testing services for firefighters and there are 20 full-time firefighters on Subscriber's staff, the annual subscription fee would be as follows: YEAR ANNUAL FEE Year #1 $700 Year #2 $860 Year #3 $1,000 For Corrections Officer testing, the multiplier shall be 40 annually. *For law enforcement, "full-time employees" constitute all commissioned officers with enforcement authority, including the Chief/Sheriff. For fire agencies, "full-time employees" constitute all career paid fire personnel, including the Fire Chief. Charter Agency Renewal Agreement May 2003 Page 60f6 Public Safety Testing, Inc. ~;;:-..:;::;::=-::~--~-~-::.-" ...~- ~.- - .~--_.::;:::;: ---';~~~--' ,:"--::---=-"'~.--:---'::""-.-=--". "....