HomeMy WebLinkAboutCAG2020-168 - Extension - Public Safety Testing, Inc. - PD Pre-Employment Testing Subscription - 01/01/2024 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
■ For Approvals,Signatures and Records Management Dir/Dep:
KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
W A S M I N O T O N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Phil Johnson Administration
Date Sent: Date Required-
> 01/19/2024
o
a Mayor or Designee to Sign. Date of Council Approval:
a
Q Interlocal Agreement Uploaded to Website
Budget Account Number: Grant? Yes NoE]
Budget? Yes[—]No Type: N/A
Vendor Name: Category:
Public Safety Testing Contract
Vendor Number: Sub-Category:
C Extension 0
'� Project Name: PD Pre-Employment Testing Subscription
OProject Details:
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C
W
Go Agreement Amount: $10 524.00 Basis for Selection of Contractor: Other
W r Memo to Mayor must be attached
Go Start Date: 1/1/24 'rermination Date: 12/31/24
tT
Q Local Business70Yes F_]No*Ifineets requirements per KCC3.70.100,please complete"vendor Purchose-LocalExceptions"formonCityspace.
Business License Verification: El Yes❑In-Process❑Exempt(KCC 5.01.045) Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes❑No CAG2020-168
Comments:
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Date Received:City Attorney: Date Routed:Mayor's Office City Clerk's Office
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
Public Safety
Testing
SUBSCRIBER AGREEMENT
WHEREAS, Public Safety Testing, Inc. is a skilled provider of pre-employment
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.
SUBSCRIBER: City of Kent, WA
POSITIONS: The following positions are included in the fee structure in
Attachment A (Subscriber may post any or all positions in a
category at no additional charge):
• Law Enforcement Officer(entry-level and/or BLEA
certified and/or lateral)
• Corrections Officer(entry-level and/or lateral)
COMMENCEMENT DATE: January 1, 2024
PROFESSIONAL FEES: Professional fees are described in Attachment A, which
are incorporated herein by this reference.
Each annual renewal beyond the initial term includes a
4% increase in fees described in Attachment A.
TERMINATION: This agreement is for an initial one-year term and will
automatically renew annually unless either party
provides a 60-day notice as outlined in Section 7.
1. Description of Basic Services. This Agreement begins on the date as noted on page
one (1) of this Agreement. The Contractor will provide the following services to the
Subscriber:
1.1 Outreach and recruitment support, application intake processing, and
administration of pre-employment written examinations and/or physical ability
tests for those positions noted on Page One (1) of this Agreement.
1.1.1 Written examinations are administered in-person at Contractor's test
events, including those conducted by Subscribing agencies; remotely
through a network of certified college testing facilities; and, through the
Contractor's online, virtual in-home testing program.
1.1.2 Physical ability tests for law enforcement and corrections applicants are
administered at Contractor's test events, including those conducted by
Subscribing agencies, through a network of partner gym and fitness
facilities, and through the Contractor's online, virtual in-home testing
program (V-PAT).
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 "Fail". The passing
score for written examinations is set by the test developer at 70%.
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 or 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.
1.4 Term & Fees. The term of this agreement and the related professional fees are
noted on page one (1) of this Agreement.
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 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
Subscriber Agreement Page 2 of 7 Public Safety Testing, Inc.
City of Kent, WA 2023 2023.01.0 Form
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 due within 30 days of receipt of invoice.
1.5.1 Direct Deposit ACH Enrollment). Subscribers are encouraged to
set up direct deposit (ACH enrollment) for their payments. There will be no
additional fee for payments made using direct deposit (ACH enrollment).
1.5.2 Credit Card. A three percent (3%) fee will be added at the time of
payment to each payment made using a credit card. The purpose of such
fee is to cover Contractor's credit card processing fees.
2. 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.
3. Acknowledgements of Subscriber. The Subscriber understands and acknowledges,
and specifically consents to the following stipulations and provisions:
3.1 Because applicable civil service law prohibits having multiple eligibility lists for
the same class of hire, this Agreement is an exclusive agreement for these
services.
3.2 The written and physical agility scores of any applicant shall be valid for 18
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. The Subscriber shall review its applicable hiring
processes, advertisements, personnel policies and civil service rules (as
applicable) to ensure compliance with the provisions of this Agreement.
3.3 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.
3.4 The Subscriber specifically understands and acknowledges that the Contractor
may charge a reasonable testing fee from any and all applicants.
3.5 The Subscriber is encouraged to conduct advertising as it deems necessary to
support/enhance recruiting efforts. The Subscriber shall link
PublicSafetyTesting.com on its agency's website, if it so maintains one.
3.6 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.
Subscriber Agreement Page 3 of 7 Public Safety Testing, Inc.
City of Kent, WA 2023 2023.01.v1 Form
3.7 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.
3.8 Subscriber understands and acknowledges that a candidate's PST Personal
History Statement (PHS) will be stored electronically by PST for 24 months
from the date the candidate uploads the PHS to the PST website. Any PHS
stored more than 24 months will automatically be deleted and will no longer be
available to the Subscriber from the PST server.
4. Testing Standard and Warrantv 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/or 41.12 and/or 41.14
RCW, 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. 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. If Subscriber uses or authorizes the use of other testing process(es) this
warranty shall be null and void.
5. Independent 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 Subscriber and any employee, agent
or sub-contractor of the Contractor.
6. Indemnity and Hold Harmless. The parties agree and hold harmless each other, their
officers, agents and employees in accordance with the following provisions:
6.1 The Contractor shall indemnify and hold harmless the Subscriber, its
employees and agents from any and all costs, claims or liability arising from:
6.1.1 Violation of any copyright agreement or statute relating to the use and
administration of the tests or other written materials herein provided for;
6.1.2 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
Subscriber Agreement Page 4 of 7 Public Safety Testing, Inc.
City of Kent, WA 2023 2023.01.0 Form
an independent Contractor and the Subscriber shall be relieved of any
and all claims arising from or relating to such employment relationships
or contracts between the Contractor and third parties;
6.1.3 The alleged negligent or tortious act of the Contractor in the provision of
services under this Agreement.
6.1.4 This indemnity shall not apply to any administrative or court proceeding
arising from or out of any process in which the Subscriber has utilized or
authorized other testing process(es).
6.2 The Subscriber 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 Subscriber in the provision of
services hereunder.
7. Termination. This agreement is for an initial one-year term and will automatically
renew annually unless either party provides a 60-day notice as described below.
The Contractor and/or the Subscriber may also withdraw from this Agreement at any
time for any reason with 60 days written notice, provided, however, that the
provisions of paragraphs 1.3, 4, 5 and 6 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.
Subscriber Agreement Page 5 of 7 Public Safety Testing,Inc.
City of Kent, WA 2023 2023.01.v1 Form
8. 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.
�r
This Agreement is dated this_ t day of 202�.'
CITY OF KENT, WA PUBLIC SAFETY TESTING, INC.
1 ' �
By: By: a tember 12 2023
L l ,
Print: I� I�I�rE� Pi9b t c.�- Print: Jon F. Walters, Jr.
Its: Chic-r Its: President
Contact: 1'►'ti*I J C)kK S 8VL Jon Walters
Address: oL" o 04\IZ' . t%, 20818 -44th Ave. W., Suite 160
City/State/Zip: „ ��' � Wlk ClwU-72 Lynnwood, WA 98036
Telephone: 425.776.9615
Email: 2, O[AA S'O�QD 16t-�'"iO ` 41Y on ublicsafet testin .cam
Invoicing Preference (select one): Agency Recruiter:
❑ US Postal Service Mail Name: I3r?-TA-,J
Electronic via Email @
Title:
Email: I�Co[ZvA; ' v,,i v .C�olO
Subscriber's Contact & Address for
Billing:
(Please complete if different from contact Agency Hiring
information above) Representative/Supervisor:
Contact: � � WAV 2E- Name: ' &iZ _
Title: c�caw+•T�.•�ri �55 5:� Title: �4�11 ff:7- - ' Lc.—\
Agency: pori€
Address: -Z;Z-0 °
Chief or Agency Dir ctor:
City/State/Zip: Name: A 4j-(,C A
Telephone: aS 3 - (a d �
Title: Ci r ��LZCL-
Email: ZAlV 5 I��, ., i,�l�,c���10 - bdI/
Email: f� y�^-■
Subscriber Agreement Page 6 of 7 Public Safety Testing,Inc.
City of Kent, VIA 2023 2023.01.v1 Form
ATTACH ME NT -A-
Public SaIL
TIM119
PROFESSIONAL FEES
SERVICE FEE NOTE
PST Annual Agency Subscription: Base annual subscription rates.
Law Enforcement Officer Testing $9,300 Subscription rates will increase at 4%annually
Corrections Officer Testing $1,224 beginning January 1, 2025.
Optional (select to request) Includes those candidates that add agency to
Current Rate their candidate list following your recruitment
Recruiting at PST Written Exam Per candidate effort at an in-person or virtual written exam
Events $11 session. For virtual exam events,Subscriber will
(Department pays candidate's fee to submit a —60-second video.
add department to their list of
agencies) Agency will be invoiced based on the rate for
"New Agency Add-on Fee" listed in the current
PST pricing chart.
I
Optional (select to request) Subscriber agrees to pay candidate testing fees
Current Rates under circumstances such as a verifiable financial
l/Subscriber will pay candidate test Per candidate hardship, subscriber-requested coupons to
fees which are pre-approved and distribute, discounts offered by the Subscriber,
agreed to by the Subscriber: etc. Each will be pre-approved and agreed to by
the Subscriber.
Law Enforcement written exam & $55 (written)
Physical Ability Test(PAT)events $29 (PAT) When the Subscriber pays for a candidate's test
that do not occur on the same fee,the Subscriber agency is removed from the
day as the PST in-person written candidate's pricing matrix so that the Subscriber
exam is not subsidizing the candidate testing for other
non-Subscriber agencies.The candidate will pay
Corrections written test& $39 (written) if they choose to test for any other agency
Physical Ability Test(PAT)events $29 (PAT) besides the Subscriber.Agency will be invoiced
that do not occur on the same amount based on the testing fees for a single
day as the PST in-person written agency listed in the current PST pricing chart.
exam
Subscriber Agreement Page 7 of 7 Public Safety Testing,Inc.
City of Kent, WA 2023 2023.01.v1 Form