HomeMy WebLinkAboutPD08-311 - Original - Public Safety Testing, Inc. - Recruiting, Processing and Testing of Police Officers - 07/01/2008 Records M eme
KENT Document
W A S N I N G T O N
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: Vendor Number:
[� JD Edwards Number
Contract Number: f Q 0 Op ` 311
This is assigned by Deputy City Clerk
Description:
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Detail:
Project Name:
Contract Effective Date: Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: ,J ����z Department: 7-
Abstract:
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S.Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02
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TWO
SUBSCRIBER AGREEMENT
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 officers
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,
Public Safety Testing, Inc. (the "Contractor"), and the City of Kent, a
municipal corporation of the State of Washington (hereinafter "Subscriber"), do
enter into this non-exclusive Subscriber Agreement under the terms and conditions
set forth herein.
1. Description of Basic Services. This Agreement begins July 1, 2008. The
Contractor will provide the following services to the Subscriber, on the
Subscriber's request:
1.1 Advertise for, process applications for, and administer written
examination and/or physical a tests for (check all that apply):
✓ Entry-Level Police Officer
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.
SUBSCRIBER AGREEMENT - CITY OF KENT Page 1 of 10
(August 2008 -August 2011)
2. Fees & Term. The Subscriber elects a three (3) year subscription at a fixed
rate of $7,500 annually.
3. Payment. Subscriber shall pay an amount equal to twenty-five percent
(25%) of the annual fee set forth in Exhibit A quarterly for services rendered
in the previous quarter. The annual fee set forth in Exhibit A 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 forty-five (45) days of receipt of
invoice.
4. Additional Services. At the request of the Subscriber, Contractor may
provide the following types of services:
4.1 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 11 below.
4.2 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.
5. Acknowledgments of Subscriber. The Subscriber understands and
acknowledges, and specifically consents to the following stipulations and
provisions:
5.1 The written and physical agility scores of any applicant shall be valid
for fifteen (15) months from the date of certification by the Contractor
or twelve (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.
5.2 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
SUBSCRIBER AGREEMENT - CITY OF KENT Page 2 of 10
(August 2008 -August 2011)
be interpreted to prohibit the use of an applicant's 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.
5.3 The Subscriber specifically understands and acknowledges that the
Contractor may charge a reasonable application fee from any and all
applicants.
5.4 The Subscriber may also conduct advertising as it deems necessary to
support/enhance recruiting efforts. The Subscriber may link Public
Safety Testing on its agency's website, if it so maintains one.
5.5 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.
5.6 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 profile and the
names of any candidates hired through these services.
6. 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, all federal and state 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
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 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.
SUBSCRIBER AGREEMENT - CITY OF KENT Page 3 of 10
(August 2008 -August 2011)
7. 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 subcontractors 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.
8. 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.
9. 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. Provided, however, that
nothing herein shall be interpreted to require the Contractor to indemnify the
Subscriber or any officer, official, employee, agent or volunteer for a claim or
loss occasioned by the negligence, unlawful or tortious act of the Subscriber.
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.
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.
SUBSCRIBER AGREEMENT - CITY OF KENT Page 4 of 10
(August 2008 -August 2011)
The provisions of this section shall survive the expiration or termination of
this Agreement.
10. Insurance. The Contractor shall procure and maintain for the duration of the
Agreement, Insurance against claims for injuries to persons or damage to
property which may arise from or in connection with the performance of the
work hereunder by the Contractor, its agents, representatives, employees,
subconsultants or subcontractors. Before beginning work on the project
described In this Agreement, the Contractor shall provide a Certificate of
Insurance evidencing the following insurance coverage and limits:
Commercial General Liability Insurance written on an occurrence basis
with limits no less than $1,000,000 combined single limit 'per
occurrence and general aggregate for personal injury, bodily injury
and property damage. Coverage shall Include but not be limited to:
products/completed operations/broad form property damage; and
employer's liability. Insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations,
and independent contractors. The Subscriber shall be named as an
additional insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the
Subscriber.
Worker's Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
Any payment of deductible or self-insured retention shall be the sole
responsibility of the Contractor. All required policies shall be provided on an
"occurrence" basis except professional liability insurance (if required), which
shall be provided on a "claims-made" basis.
The Subscriber shall be named as an additional insured on the Commercial
General Liability Insurance policy, as respects work performed by or on
behalf of the Contractor and a copy of the endorsement naming the
Subscriber as additional Insured shall be attached to the Certificate of
insurance. The Subscriber reserves the right to receive a certified copy of all
the required insurance policies. The Contractor's Commercial General Liability
insurance shall also contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
The Contractor's insurance shall be primary insurance as respects the
Subscriber and the Subscriber shall be given thirty (30) days prior written
notice by certified mail, return receipt requested, of any cancellation,
suspension or material change in coverage. ,
Insurance is to be placed with insurers with a current A.M. best rating of not
less than A:Vil.
SUBSCRIBER AGREEMENT - CITY OF KENT Page 5 of 10
(August 2008 -August 2011)
11. Termination. This Agreement terminates June 30, 2011. The Contractor and
the Subscriber may withdraw from this Agreement at any time for any
reason with forty-five (45) days written notice, provided, however, that the
provisions of paragraphs 1.3, 6, 7 and 9 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 sixty (60) days of termination of this Agreement.
12." Miscellaneous Provisions.
12.1 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.
12.2 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.
12.3 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 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.
12.4 Assignment. Any assignment of this Agreement by either party
without the 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.
SUBSCRIBER AGREEMENT - CITY OF KENT Page 6 of 10
(August 2008 -August 2011)
12.5 Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and
signed by a duly authorized representative of the Subscriber and
Contractor.
12.6 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.
13. 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 (P day of_� �ic�✓ , 2008.
CONTRACTOR: SUBSCRIBER:
Public S f ty Testin City of Kent
By: By:
si eJ (signature)
Prin N e: 1r�� Prin Na e: Suzette Cooke
Its: 10�-lam Its: Mayor
(title)
DATE: �IIoI ?17166 DATE: /0-161`ap
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Jon F. Walters, Jr., President Steve Strachan, Chief
Public Safety Testing, Inc. Kent Police Department
20818 - 44th Ave. W., Suite 160 220 Fourth Avenue South
Lynnwood, WA 98036 Kent, WA 98032
(425) 776-9615 (telephone) (253) 856-5800 (telephone)
(425) 0/�es(facsimile) (253) 856-6802 (facsimile)
P\Ovll\Files\OpenFlles\0133-2008\PubllcSafetyTesbng-200SAgr Goo
SUBSCRIBER AGREEMENT - CITY OF KENT Page 7 of 10
(August 2008 -August 2011)
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 /o 0- day of S 006 .
By: Ob A C cVIA
For: 14
�'9�S4
Title: 1al<--4,�
Date: q I Imo)2
SUBSCRIBER AGREEMENT - CITY OF KENT Page 8 of 10
(August 2008 -August 2011)
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.
SUBSCRIBER AGREEMENT - CITY OF KENT Page 9 of 10
(August 2008 -August 2011)
f
Nt
1y
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 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 - CITY OF KENT Page 10 of 10
(August 2008 -August 2011)
REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
WASHINGTON
Routing Information (ALL REQUESTS MUST f1RST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Phone (Originator): �C�
Date Sent: Date Required: q-,75 ( 8
Return Signed Document torn L CONTRACT TERMINATION DATE:
VENDOR NAME: f (L DATE Of COUNCIL APPROVAL:
Brief Explanation of Document:
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All Contracts Must Be Routed Through the Law Department
(This rea [o be Completed By the Law Department)
Received: it 4' i 2(itl
Approval of Law Dept.:
Law Dept. Comment
Date Forwarded to Mayor:
Shaded Areas to Be Completed by Administration Staff
Received:
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