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HomeMy WebLinkAboutPD11-338 - Original - Public Safety Testing, Inc. - Recruiting, Processing and Testing of Police & Correction Officers - 07/01/2011 Publkj� resting 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 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 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 Subscriber Agreement under the terms and conditions set forth herein 1. Description of Basic Services This Agreement begins July 1, 2011. The Contractor will provide the following services to the Subscriber 1.1 Advertising and recruiting assistance, application processing, and administration of written examinations and/or physical ability tests for (check all that apply): 0 Police Officer Personnel Q 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. Contractor will report "raw" test scores to the Subscriber— no preference points will be factored into applicant scores and it is the Subscriber's responsibility to factor veteran's preference points in accordance with applicable federal and state laws Written examination scores will be reported to the Subscriber as a percentage score (based on 100%) and physical ability test scores will be reported as "Pass" or "Fad". The passing score for written examinations is set by the test developer at 70%. If Subscriber requires a different passing score, please check the box below and note the required passing score. ❑ Subscriber's passing score is: % 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 conducted by the Contractor pursuant to this Agreement 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 Provided, however, Contractor shall not be required to appear at its cost nor to defend in any administrative or court proceeding arising from our out of a claim 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 to whole or in 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 2. Fees&Term. The Subscriber elects: ❑ A one (1) year, six (6) month subscription at the following rates. ❑ Police Officer (entry Wor lateral) testing at $8,200 annually ❑ Corrections Officer (entry &/or lateral) testing at $1,400 annually 2'*"A three (3)-year, six (6) month subscription at the following rates: 2"'Police Officer (entry &/or lateral) testing at $7,500 annually Erb' orrections Officer (entry &/or lateral) testing at $1,000 annually 3. 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 Subscriber Agreement Page 2 of 11 Public Safety Testing,Inc City of Kent Police Department 2011 prior to or contemporaneous with the execution of this Agreement Payment shall be made within 45 days of receipt of invoice 4. Additional Services 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. Acknowledgements of Subscriber The Subscriber understands and acknowledges, and specifically,consents to the following stipulations and provisions: 5.1 Because applicable civil service law prohibits having multiple eligibility lists for the same class of hires, this Agreement is an exclusive agreement for these services. 52 The written and physical agility scores of any applicant shall be valid for 12 months from the date of placement upon the Subscriber's eligibility list, following the report of the Contractor, and rules compatible with continuous testing shall be adopted 5.3 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 5.4 The Subscriber specifically understands and acknowledges that the Contractor may charge a reasonable application fee from any and all applicants. 5.5 The Subscriber is encouraged to and may also conduct advertising as it deems necessary to support/enhance recruiting efforts. The Subscriber may link PublicSafetyTesting.com on its agency's website, if it so maintains one 5.6 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. 5.7 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 Subscriber Agreement Page 3 of 11 Public Safety Testing,Inc City of Kent Police Department 2011 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 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 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. 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. Subscriber Agreement Page 4 of 11 Public Safety Testing,Inc. City of Kent Police Department 2011 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 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, sub-consultants or sub- contractors 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 Subscriber Agreement Page 5 of 11 Public Safety Testing, Inc City of Kent Police Department 2011 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 VII. 11 Termination. This Agreement terminates December 31, 201 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, 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 11 1 If the Subscriber elects to terminate this Agreement, Subscriber shall pay the Contractor an early termination fee The purpose of this early termination 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 in Section 1 5 of this Agreement The early termination fee is in addition to any other fees agreed to by this Agreement 12 Miscellaneous Provisions. 121 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 122 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 Subscriber Agreement Page 6 of 11 Public Safety Testing,Inc City of Kent Police Department 2011 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. 125 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 Subscriber Agreement Page 7 of H Public Safety Testing,Inc City of Kent Police Department 2011 This Agreement is dated this day of 20 SUBSCRIBER: CONTRACTOR: CITY OF KENT, WA PUBLIC SAF UTETING, INC. By: By: f Print: SLZC :K-C k Print: Jon F. Walters, Jr. Its. Its: President Date Date: October 30, 2011 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Ken Thomas, Chief Jon Walters, President Kent Police Department Public Safety Testing, Inc 220 Fourth Avenue South 20818 -44"Ave W , Suite 160 Kent, WA 98032 Lynnwood, WA 98036 253 856 5800 (telephone) 425 776 9615 (telephone) 253 856 6802 (facsimile) 425 776 0165 (facsimile) Subscriber Agreement Page 8 of 11 Public Safety Testing, Inc City of Kent Police Department 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 30th day of October, 2 By: Jon F. Walters, Jr. For: Public Safety Testing, Inc Title: President Date: October 30, 2011 Subscriber Agreement Page 9 of 11 Public Safety Testing,Inc City of Kent Police Department 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 Page 10 of 11 Public Safety Testing, Inc. City of Kent Police Department 2011 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 201_ By: For- Title: Date: Subscriber Agreement Page 11 of 11 Public Safety Testing,Inc City of Kent Police Department 2011 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes W n5 HI NGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator J Phone (Originator) 50(?0 Date Sent I / Date Required: Retuin Signed Document to fl/ oft CONTRACT TERMINATION DATE: 12(31 !� VENDOR NAME: u�liC - B ! yN�. DATE OF COUNCIL APPROVAL: GM'vL5 to PS r?llrW "I 08 09A ,L t "� s Brief Explanation of Document ��Tmj Sew V�Ce� 4f MT(e&�� f46,f 51 �(w T� Wye m6r fc;hw 44, t"5 6�y &,A-, J�(eWos All Contracts Must Be Routed Through the Law Department (This Area to be Completed 83 the Lair Department) -RECEIVED Received HE �t tVF Approval of Law Dept.. r Law Dept Comments: f—,Y CT Ker'! Date Forwarded to Mayor 11II I Shaded Areas to Be Completed by Administration Staff Received: (E- ( Ex �EQ 'r1E I LJRecommendations & Comments: Disposition: 11IS111 ( CP`'OF h7NT y4 --wa L &w 61/ y G(QJ�C,O�'-_ (.STY LL'_°�h� Date Returned. a Iage5870 • 4/05