HomeMy WebLinkAboutPD11-338 - Amendment - #1 - Public Safety Testing, Inc. - Recruiting, Processing and Testing of Police & Correction Officers - 12/03/2014 I
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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 Clerk's Office.
Vendor Name:
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Vendor Number:
JD Edwards Number
Contract Number: "1%�t =-
This is assigned by City Clerk's Office
Project Name: rl y' y-16- i"I";t vr� �
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Department:
Contract Amount:
Approval Authority: ❑ Department Director ❑Mayor ❑City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
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adccW10877 8 14
Amendment No. 1
SUBSCRIBER AGREEMENT
BETWEEN THE CITY OF KENT and PUBLIC SAFETY TESTING, INC.
This amendment between the City of Kent, WA (Subscriber) and Public Safety Testing,
Inc. (Contractor) is for the purpose of amending the Expiration/Termination date
described in the Subscriber Agreement between the City of Kent and Public Safety
Testing, Inc. dated November 8, 2011 as follows:
1. EXPIRATION (please check one):
❑ This Agreement terminates on December 31, 2015.
❑ This Agreement terminates on December 31, 2016.
® This Agreement terminates on December 31, 2017.
Unless specifically amended by this Agreement, all other terms and conditions of the
original Subscriber Agreement shall remain in full force and effect.
CITY OF K NT, PUBLIC);EJTYTEING, INC.
By:
Print: tc" UV'%A'4 Jon F. Walters,Jr.
Its: �,��> F President
Date: VLA6�` Lq November 19. 2014
F�shng
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):
R1 Police Officer Personnel
2 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.
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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 "Fail".
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 in 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 &/or lateral) testing at $8,200 annually
❑ Corrections Officer (entry &/or lateral) testing at $1,400 annually
GSA three (3)-year, six (6) month subscription at the following rates:
L"Police Officer (entry &/or lateral) testing at $7,500 annually
C�Corrections 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
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City of Kent Police Departrn ent 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.
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5.2 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,
6A 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.
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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
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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.
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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
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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 ANIL
11.Termination. This Agreement terminates December 31, 201_L_. 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.
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
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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.
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 terns 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.
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Subscriber Agreement Page 7 of 11 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 TY TE TING, INC.
By: By:
int: Print: Jon F. Walters, Jr.
Its: <.J�l Its: President
Date: t d / 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 2081 8 —441hAve. 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, 2911.Oil
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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 o Kenl Police Department 2011
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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
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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.
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Subscriber Agreement Page 10 of11 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_.
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By —
For:
Title:
Date:
Subscriber Agreement Page 11 of 11 Public Safety Testing,b7c.
City of Kent Police Department 2011