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HomeMy WebLinkAboutFD07-121 - Original - Public Safety Testing, Inc. - Advertise For, Process and Test Firefighter Applicants - 02/22/2007 Records Managerne= KENT W s„,„Gro„ } Document v CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: u/3G Lc Ss9F Y c5%�wG— Vendor Number: E 1 JD Edwards Number r Contract Number: ! This is assigned by Deputy City Clerk Description: S�IsscIZZ/3EI% ��eEE�Etii Detail: Project Name: Contract Effective Date: ermination Date: 12 - 31- a 17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: �1�E Abstract: 5 Pubhc\RecordsManagement\Forms\contractcover\ADCL7832 07/02 JOY. ORIGINAL. Public Safe Testing SUBSCRIBER AGREEMENT WHEREAS, PublicSafetyTesttng, 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 desires to join in a non-exclusive subscriber agreement, NOW, THEREFORE, PubticSafetyTesting, Inc. (the "Contractor") and the City of Kent, 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): X Firefighter personnel ❑ Firefighter/Paramedic 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 Subscnber Agreement February 2007 Page I of 10 PublicSafetyTesting,Inc material and whose testimony or appearance is deemed necessary to validate the process. 1.4 The Subscriber elects (select one): X A one-year subscription at a fixed annual rate of $8,500. ❑ A three-year subscription at a fixed annual rate of$7,750 per year 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. The annual fee set forth above shall be inclusive of all other costs 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 rerquest 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. 22 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 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 Subscriber Agreement February 2007 Page 2 of 10 PubkcSafetyTesteng, Inc. 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. 33 The Subscriber specifically understands and acknowledges that the Contractor may charge a reasonable application fee from any and all applicants. 34 The Subscriber may also conduct advertising as it deems necessary to support/enhance recruiting efforts. The Subscriber may link PublicSafetyTesting, Inc. 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 CPAT for any of its candidates If the Subscriber elects to have the Contractor conduct such transportability study, the one-time fee for such is $750 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. 3.7 Public Safety Testing views recruiting as a partnership with the Subscriber. The Subscriber agrees to actively participate in recruiting efforts for positions within the Subscriber agency. 38 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 and profile and the names of any candidates hired through these services 4. Testing 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, Kent Civil Service Rules 9 06(b), 9 07, 9 08, and 9.09, and all federal laws and regulations that prohibit discrimination in testing and hiring practices of the type provided by Contractor, any federal and state laws and regulations that apply to the services being provided by Contractor, or the terms of other applicable statutes as the Subscriber Agreement February 2007 Page 3 of 10 PubheSafetyTesung, Inc Subscriber shall notify the Contractor that the Subscriber must meet. Subscriber shall notify Contractor of any amendments to the above noted Kent Civil Service Rules. 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 fading 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. 5. Independent Contractor The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the Subscriber being interested only in the results obtained under this Agreement 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. Discrimination. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 7. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the Subscriber, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement. The Subscriber's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Subscriber Agreement February 2007 Page 4 of 10 PublicSafetyTesting,Inc IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER Subscriber shall defend, indemnify and hold the Contractor, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees caused by the Subscriber's negligence The provisions of this section shall survive the expiration or termination of this Agreement 8. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A, attached and incorporated by this reference. 9. Termination. This Agreement terminates on December 31, 2007. 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 7 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. 10 Miscellaneous Provisions. 10 1 Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the Subscriber requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product 10.2 Non-Waiver of Breach. The failure of the Subscriber to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 10.3 Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive Subscriber Agreement February 2007 Page 5 of 10 PubkcSafetyTestmg,Inc means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the parties' right to indemnification under this Agreement. b either art without the 104 Assignment An assignment of this Agreement y p y p Y 9 written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 10.5 Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless to writing and signed by a duly authorized representative of the Subscriber and Contractor 10.6 Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations 11.Entire Agreement. The written terms and provisions of this Agreement, together with any exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the Subscriber, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the exhibits are hereby made part of this Agreement. Should any of the language of any exhibits to this Agreement conflict with any language contained in this Agreement, the language of this document shall prevail. This Agreement is dated this 22 day of /Gr6Rv o;V , 2007. CITY OF KENT, WA PUBLIC SA TES I G, INC. By. By. 7ve. Print: Jim Schneider Print: Jon F Walters Its- Fire Chief Its: President Subscriber Agreement February 2007 Page 6 of 10 PubhcSafetyTestmg, Inc � PtivlfiNa'aWnFl«Y09SA01Wutlk8FM1fi8�F��W«msM.tlec Subscriber Agreement February 2007 Page 7 of 10 PublicSafetyTesting,Inc. I DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1 2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4 During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5 Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 200_. By: For. Title. Subscriber Agreement February 2007 Page 8 of 10 PubkcSafetyTestmg,Inc ` CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE* January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES- April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines i Subscriber Agreement February 2007 Page 9 of 10 PublicSafetyTestmg,1nc a CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. - ---- - - --------- - -- I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known I as that was entered into on the (date) between the firm I represent and the City of Kent I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement Dated this day of 200_ By For: Title: Date. Subscriber Agreement February 2007 Page 10 of 10 Pub&cSafetyTesting, Inc.