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HomeMy WebLinkAboutCAG2017-0404 - Original - Public Safety Testing, Inc. - Recruiting Video - 12/07/2017I F,tbt¡c SPEC IALIZED S E RVICES AGRE EM ENT WHEREAS, Public Safety Testing, /nc., is a skilled provider of pre-employment recruiting services and other services to public agencies and political subdivisions, and WHEREAS, the City of Kent, WA desires to contract for the services as set forth herein, NOW, THEREFORE Public Safety Testing, /nc., (the "Contractor") and the City of Kent, WA (the "Client"), do enter into this Agreement under the terms and conditions set forth herein Description of Basic Services. The Contractor will provide or coordinate independent service providers to perform the following services to the Client, on its request and at its direction: 1.1 Produce and deliver a professional-grade recruiting video approximately two (2) to five (5) minutes in length (average length is 3 minutes). 1 .2 The Scope of Work attached as Exhibit A outlines the basic services covered by the base fee set forth in Section 2.1. 2. Professional Fees. The follow ing professional fees for Contractor or independent service provider shall apply 2.1 Videography and Production at $1,950 for a completed recruiting video includes: a) Planning and shooting video on location in community and client agency, including use of client personnel and property at no expense to the Contractor. b) Editing and producing professional-grade recruiting video approximately 2 to five 5 minutes in length (average length is 3 minutes) that includes client pre-approved script and video concepts. c) Up to thirty (30) hours of professional services are included in the base price. Additional services, editing or additional video shoot(s) required due to changes in content required by the Client and in excess of five (5) hours (See Exhibit A, Scope of Work, sub paragraph 6) shall be compensated as provided in sub paragraph 2.2below. Specialized Services Agreement City of Kent, WA, 2017 Recruiting Video Project Public Safety Testing, lnc. Page 1 of 5 Basic or other services specifically authorized by the Client in excess of thirty (30) hours will be compensated at $45 per hour pursuant to Section 2.4 of this Agreement. PST staffs travel, lodging and per diem expenses are additional, using the federal mileage and per diem rates for your agency's location. A 4o/o surcharge is added to actual expenses to cover state and local B&O taxes and fees. Washington State sales tax is NOT charged. Contractor will invoice Client following completion of described services on behalf of Contractor or an independent service provider. Client will make payment within thirty (30) days of receipt of invoice. 3. Warranties and Reservations 3.1 Each service provided pursuant to this Agreement shall be conducted and provided in accordance with generally accepted practice in the relevant industry. Contractor shall comply with state and federal statute including copyright protections. No other warranty, express or implied, is provided by Contractor. 4 5 Spe ci a I ized Serylces Ag ree m e nt City of Kent, WA, 2017 Recruiti ng Video Project Public Safety Testing, lnc. 2.2 2.3 2.4 3.2 lndependent Contractor. The Contractor is an independent contractor. Any and all agents, employees or contractors of the Contractor, shall have such relation only with the Contractor. Nothing herein shall be interpreted to create an employment, agency or contractual relationship between the Client and any employee, agent or sub-contractor of the Contractor. Indemnitv and Hold Harmless. The parties agree and hold harmless each other, their officers, agents and employees in accordance with the following provisions: 5.1 The Contractor shall indemnify the Client from 5.1.1 Violation of any copyright agreement; 5.1.2 Any cost, claim or liability arising from or out of the claims of an employee, agent or sub-contractor to the end that the Contractor shall be an independent Contractor and the Client shall be relieved of any and all claims arising from or relating to such employment relationships or contracts between the Contractor and its subcontractors as well as any third parties; Page 2 of 5 6 5.1.3 The alleged negligent or tortious act of the Contractor in the provision of services under this Agreement. 5.2 The Client shall indemnify and hold harmless the Contractor, its officers, agents and employees from any and all cost, claim or liability arising from or out of the alleged negligent or tortious act of the Client or its officers, agents or employees in the provision of services hereunder. 5.3 The promises of the Client and Contractor shall include the reasonable cost of legal defense by counsel chosen by the mutual agreement of the parties hereto but shall exclude any cost, claim or liability arising from breach of this Agreement or from the negligent or tortious act of the party seeking indemnity, its officers, agents and/or employees. Termination. The Contractor and the Client may withdraw from this Agreement at any time for any reason with 10 days written notice, provided, however, that withdrawal by Client shall not relieve Client of its obligation to pay for services rendered prior to the date of delivery of the notice of termination. ln the event of termination by the Client without cause, the Client will pay 1/30th of the base fee established by Section 2.1 for every hour of service rendered by the Contractor, to the maximum established by that section. The provisions of Sections 2,3,4,5 and 7 shall survive termination. Ownership of Video. The Client shall own the final work product and all footage shot, edited or othenryise produced pursuant to this Agreement. Client grants, and Contractor retains, a license to use video recorded under this Agreement including the finished product or any portion thereof as a part of Contractor's professional portfolio for display to or review by its perspective customers, PROVIDED, HOWEVER, that nothing herein shall authorize the Contractor to sell or othenryise receive direct payment for the final video developed under this Agreement, or any portion thereof, from any third party without the express written consent of the Client. Entire Agreement. Amendment. This is the entire Agreement between the parties. Any prior agreement, written or oral, shall be deemed merged with its provisions. This Agreement shall not be amended, except in writing, at the express written consent of the parties hereto. 7 I Speci al ize d Services Ag reem e nt City of Kent, WA, 2017 Recruiting Video Prqect Public Safety Testing, lnc. Page 3 of 5 This Agreement is dated this THE CITY day of PUBLIC SAFETY TESTING, INC. 2017 By 7 Print:Jon F Walters Jr Its President Buzz Horch Director of O 20919 -44rH W, Suite 160 Lvnnwood. WA 425.776.9615 Recruiti ng Video Project Public Safety Testing, lnc. A By Print (€ Its C¡^:-{ Point of Contact: €Ø\¿ Tlå¡¡¡..¡eù Titre: Þßfr Ux-€ ¿{Ì\Address City/State/Zip:L Teleph one: 7fl-<ç6- çf3'7 Subscriber's Contact for Billing (Please complete if different from conlact information above) Contact: Title: Agency: Address: City/State/Zip: Telephone Email: Spe ci a I ize d Services Ag ree m ent City of Kent, WA, 2017 Page 4 of 5 EXHIBIT A RECRUITING VIDEO PROJECT SCOPE OF WORK Professionalquality, high-resolution 2-5 minute agency recruiting video that: 1. Portrays the agency and community in a positive light through community-oriented videography and narration. 2. Highlights the unique qualities and characteristics of the agency/community. 3. Promotes the agency and community by outlining the benefits of living and working in the community. 4. Provides specific examples from employees why they like working at the agency and living in the community. 5. lncludes an appropriate soundtrack approved by the agency point of contact. % of Proiect Video Proiect Development Process 10%1. PST discusses with Client scope of work, key recruiting messages and video content. 2. Client agrees with script and generalvideo concepts. 3. PST conducts location scouting, interview prep. 30o/o 4. PST shoots the video on location in communitv and client aqencv 40%5. PST edits video. 10o/o 6. PST meets with Client staff to review initial production. Final production changes are limited to 5 hours. 5o/o 7. PST reviews final video with Client Note: Recruiting video project time usually takes between2-4 weeks depending on Client availability, weather, and other factors. S p eci a I ized Seryices Ag ree me nt City of Kent, WA, 2017 Recru iti ng Video Project Public Safety Testing, lnc. Page 5 of 5 Internal and Divisional Investigations Report Internal lnvestigations 17-15 December L7,20L7 Allegation: Summary a Violation of KPD Policy 13.20 Unlawful Harassment Violation of City Policy 2.03 Sexual Harassment Violation of City Policy 2.12 Harassment and Discrimination Violation of City Policy 2.08 Mission, Vision and Values Violation of City Policy 2.1.4 Code of Conduct A sergeant was alleged to have discussed issues of a sexual nature involving a fellow officer in front of other officers during work time. This was alleged to have occurred on at least four separate occasions over approximately one year. The investigation into this matter was conducted by the City of Kent Human Resources Department. Disposition: The allegations were Sustained. The Sergeant was given the following discipline The Sergeant will serve a three week suspension. The three weeks may be staggered over three months to spread out the financial impacts of the suspension, The Sergeant will be placed on one year of probation subject to the condition that a revocation of probation (and thus a demotion) will only occur in the event the Sergeant engages in conduct similar to this discipline or fails to attend or successfully complete required training. The probationary period began on April 16, 2018. The Sergeant will be required to attend training of the City's choosing. His failure to attend or successfully complete training that occurs during probation will be a basis for action on his probationary status (i.e. demotion). The Sergeant may be moved to a shift opposite of the involved officer so that he does not work the same shift. The Sergeant will not be prohibited from working OT on shifts of his choice. a a a Separate from the above discipline, and as a matter of management right, the Sergeant will be removed from his Kent Police Department training assignment. However, the Sergeant may be required to continue to train other officers to be Master Trainers through the end of 2018. Any form of retaliation against any of the complaining parties or witnesses in this matter will result in termination. For the benefit of the Sergeant, according to the Equal Employment Opportunity Commission, the following nonexclusive list of behaviors could constitute retaliation taken against an employee reporting or being a witness to sexual harassment, whether they occur on or off duty: . lnappropriately reprimanding the employee or issuing a performance evaluation that is lower than it should be . Engaging in verbal or physical abuse ¡ Threatening to make, or actually making unfounded reports to supervisors . lncreasing scrutiny of an employee . Spreading false rumors . Making an employee's work more difficult