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041-23 - Public Safety Testing, Inc. - ContractDocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 Port Orchard Contract #: 041-23 Authorized Amount: Date Start: June 5, 2023 Date End: October 31, 2023 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation organized under the laws of the State of Washington ("City") and Public Safety Testing, Inc., ("Consultant") organized under the laws of the State of Washington, located and doing business at 20818 — 441h Ave. W, Suite 160, Lynnwood, WA 98036, 425-776-9615 Attn: Colleen Wilson (hereinafter the "Consultant"). RECITALS: WHEREAS, the City desires to have certain services performed for its residents; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform those services described on Exhibit "A," which is attached hereto and incorporated herein by this reference as if set forth in full. In performing such services, the Consultant shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. The Consultant shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. ❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum of $ City of Port Orchard and Public Safety Testing, Inc. Professional Service Agreement Contract No. Page 1 of 14 Updated 4/2022 IBDR DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 ❑ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $ without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit `B." 0 TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses set forth in Exhibit "A." ❑ OTHER 3. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the Parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. F. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. City of Port Orchard and Public Safety Testing, Inc. Professional Service Agreement Contract No. Page 2 of 14 Updated 4/2022 IBDR DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 A. This Agreement shall be in full force and effect for a period commencing on June 5, 2023 and ending October 31, 2023 unless sooner terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to retain the Consultant's services. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 5. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill, and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 6. Ownership and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. B. The City agrees that if it uses any materials prepared by the Consultant for purposes other than those intended by this Agreement, it does so at its sole risk and it agrees to hold the Consultant harmless therefore to the extent such use is agreed to in writing by the Consultant. Preexisting materials owned by Consultant and used in the materials created for the City shall remain the property of the Contractor. This includes preexisting examination questions and materials. C. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. D. The Parties agree and acknowledge that the Consultant will utilize test questions, scoring keys, and other examination data to administer the examination services (herein "Test Material"). The Consultant considers these Test Materials confidential and exempt from disclosure under the provisions City of Port Orchard and Public Safety Testing, Inc. Professional Service Agreement Contract No. Page 3 of 14 Updated 4/2022 IBDR DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 of RCW 42.56.250 (1). If the City requests Test Materials from the Consultant, the Consultant will clearly mark the Test Materials before providing them to the City. If the City receives a public record request for the Test Materials and notifies the Consultant that it intends to release Test Materials without redaction, the Consultant may seek a protective order. 7. Relationship of the Parties; Independent Consultant. The Parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -consultants of the Consultant. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives, and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Indemnification. Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. City of Port Orchard and Public Safety Testing, Inc. Professional Service Agreement Contract No. Page 4 of 14 Updated 4/2022 IBDR DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 9. Insurance. The Consultant 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 Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: limits: Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultants and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts oflnsurance. Consultant shall maintain the following insurance i. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-VII. City of Port Orchard and Public Safety Testing, Inc. Professional Service Agreement Contract No. Page 5 of 14 Updated 4/2022 IBDR DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 E. Verification of Coverage. The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. City of Port Orchard and Public Safety Testing, Inc. Professional Service Agreement Contract No. Page 6 of 14 Updated 4/2022 IBDR DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 12. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 13. Termination. A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. i. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. ii. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or City of Port Orchard and Public Safety Testing, Inc. Professional Service Agreement Contract No. Page 7 of 14 Updated 4/2022 IBDR DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in the "Notices" Section herein. F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Violation of this Section shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 15. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. 16. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. City of Port Orchard and Public Safety Testing, Inc. Professional Service Agreement Contract No. Page 8 of 14 Updated 4/2022 IBDR DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 17. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 18. Confidentiality. All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 20. Employment of State Retirees. The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. 21. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party City of Port Orchard and Public Safety Testing, Inc. Professional Service Agreement Contract No. Page 9 of 14 Updated 4/2022 IBDR DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 22. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. 23. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. 24. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 Bwallace&portorchardwa. gov Phone:360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: Colleen Wilson Public Safety Testing, Inc. 20818 — 44th Ave. W, Suite 160 Lynnwood, WA 98036 Phone No.: 425-776-9615 Email: colleen@publicsafetytesting.com City of Port Orchard and Public Safety Testing, Inc. Professional Service Agreement Contract No. Page 10 of 14 Updated 4/2022 IBDR DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 25. Resolution of Disputes; Governin1l Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other Party. 26. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 27. Title VI. The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination. The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. City of Port Orchard and Public Safety Testing, Inc. Professional Service Agreement Contract No. Page 11 of 14 Updated 4/2022 IBDR DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. D. Information and Reports. The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 29. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. City of Port Orchard and Public Safety Testing, Inc. Professional Service Agreement Contract No. Page 12 of 14 Updated 4/2022 IBDR DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. CONSULTANT By: Jon F. Walters, Jr. Title: President Date: August 18, 2023 1,`���111111 I I a tt"�R t� ORT p C GORQ _ • SEA o. \1 X ttufllllll City of Port Orchard and Public Safety Testing, Inc. Professional Service Agreement Contract No. Page 13 of 14 Updated 4/2022 IBDR CITY OF PORT ORCHARD DocuSigned by: Ep� By: NMA&Suu o e Putaansuu, Mayor Date: 8/29/2023 ATTEST/AUTHENTICATE DocuSigned by: 66418 Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM D/ocu�Signed by: Port Orchard City Attorney's Office DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 EXHIBIT A Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but not limited to, the following outlined on the attached. City of Port Orchard and Public Safety Testing, Inc. Professional Service Agreement Contract No. Page 14 of 14 Updated 4/2022 IBDR DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 Exhibit "A" Public ,ar70 T ifin June 5, 2023 Debbie Lund, CEBS SPHR SHRM-SCP Human Resources Director City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Via Email: dlund@portorchardwa.gov Dear Ms. Lund: It is our pleasure to offer promotional testing services to the Port Orchard Police Department. Please find attached our proposal to conduct a promotional testing selection process for the position of Sergeant for 2023. The professional services to be performed, the related costs and the City's responsibilities are outlined in the following pages. Public Safety Testing is committed to ensuring that the promotional and assessment center processes are valid, defensible, and current to today's professional standards. Though our promotional system is a product of years of experience and uses contemporary professional standards, it is uniquely customized for the Port Orchard Police Department through close collaboration and partnership. Thank you for the opportunity to be of service to Port Orchard. Please contact me at 425.422.3958 (or email: Colleen@PublicSafetVTesting.com) if you have any questions or need any additional information. Best regards, &16�11 Colleen Wilson Director of Promotional Testing DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 Public o Fes6ig A proposal to THE CITY OF PORT ORCHARD for the development and management of promotional testing for SERGEANT Scope of Services Provided by Public Safety Testing, Inc.: Public Safety Testing offers to develop and administer assessment center promotional processes for Port Orchard (hereinafter "City"). Public Safety Testing (hereinafter "PST") will apply the guidelines as adopted by the International Congress on Assessment Centers and the recommendations provided by the International Association of Chiefs of Police related to the development and management of assessment centers. PROMOTIONAL ASSESSMENT CENTER Methodology for Service The project shall consist of three basic phases: 1. Test Preparation & Development 2. Test Administration 3. Post -Test Activities Phase One: Test Preparation & Development Conduct one on -site or virtual meeting with the appropriate personnel from the Port Orchard Police Department to: • Determine the City's specific needs and specific components of the assessment center. • Create a calendar of tasks, benchmarks, and a schedule to deliver the promotional test. • Identify the behavioral dimensions to be measured. • Survey department members currently serving in the positions being tested to identify the critical tasks being performed (Job Task Analysis). • Survey the management/leadership team to identify essential supervisory and administrative skills and abilities of a newly promoted supervisor/manager. These survey results create the unique weighting of the behavioral dimensions that are specifically relevant to the Port Orchard Police Department. Promotional Testing Proposal Page 2 of 12 Public Safety Testing, Inc. PORT ORCHARD POLICE DEPARTMENT SERGEANT June 5, 2023 DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 • Provide a description of typical categories and examples of exercises that can be used in the promotional process. Working with the City, exercises are tailored with information provided by the agency and customized to fit the specific environment and needs of the agency. • Create a scoring map that identifies weighted behavioral dimensions which will be measured for each exercise. • Build exercises using information specific to your community and department and integrating the results of the surveys used above. • PST will become familiar with and will follow the City's Personnel/Civil Service Rules when developing and administering the test. The City shall be responsible for notifying PST of any unusual or special process or limitation of its rules, contractual agreements or policies that are related to the development and delivery of the test, and • Finalize the assessment center's exercises and schedule with the agency's subject matter expert(s) for Phase Two. Assessment Center Exercise Theme Flow Communication Skills Coach & Mentor Train Employees Evaluate Employees Progressive Discipline Manage a Critical Event Manage Schedules Manage Logistics Make & Manage Documentation Phase Two: Test Administration Oral Communications • Interpersonal Insight Administrative Problem Analysis Interpersonal Judgment Field Supervision Decisiveness Writing Written Communications Critical Thinking Planning & Organization Delegation & Control PST will facilitate and manage the assessment center process, including: Conduct one virtual "Candidate Orientation Workshop" (in -person workshops can be conducted for an additional charge) that provides candidates an overview of the assessment center testing process, highlights tips for success, and pitfalls to avoid. This candidate orientation de -mystifies the assessment center/promotional testing process. • Conduct a training workshop for the assessors and role players whom the city has selected prior to the test date. The training shall include guidelines in scoring, pitfalls to avoid in assessing, and a practice session of scoring an exercise. Only trained assessors will participate in the testing process. Promotional Testing Proposal Page 3 of 12 Public Safety Testing, Inc. PORT ORCHARD POLICE DEPARTMENT SERGEANT June 5, 2023 DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 • Provide all the typical equipment, supplies, and materials for the training, orientation, and testing process. The City of Port Orchard may be asked to provide specific equipment related to the exercises. • Create a grading process that conforms to the City's Personnel/Civil Service Commission's rules • Through an empirical process that incorporates the candidate's performance, the weighted dimensions, and the City's Personnel/Civil Service Commission's rules, create a final rank order listing of the candidates tested. • Survey each candidate about his/her observations of the promotional process and the assessment center's relevance to the position. Phase Three: Post -Test Activities • Each candidate receives written commendations and recommendations that are created by the assessors. These comments are separated from the objective score sheets, collated for each candidate, and sent to the city, and are intended to assist the candidates in their professional development; and Provide the City with electronic copies of all the documents related to testing, training, and scoring of candidates. This typically includes the instructions for each exercise, original copies of the score sheets for each candidate created by the assessors, a matrix of the weighted dimensions as they were applied to each exercise, a copy of the raw scores for each candidate in each exercise and for each dimension, the assignment sheet of candidates to letter designators with corresponding photographs, a copy of the training outline provided to the assessors, a copy of the training outline provided to the candidates, a copy of the test schedule, a copy of the written comments made by the assessors to each candidate, the signed test security agreements, and copies of the assessor and candidate critiques. • PST shall appear in any City administrative or civil service proceeding to testify to and provide all necessary information to document the validity of the testing process, to participate in the defense of the testing process conducted by PST pursuant to this Agreement and to otherwise provide any information necessary to the City to evaluate challenges to or appeals from the testing process. PST shall appear without additional charge to the City. The City agrees that if it uses any materials prepared by the Contractor for purposes other than those intended by this Contract, it does so at its sole risk and it agrees to hold the Contractor harmless therefore to the extent such use is agreed to in writing by the Contractor. Preexisting materials owned by Contractor and used in the materials created for the City shall remain the property of the Contractor. This includes preexisting examination questions and materials. Promotional Testing Proposal Page 4 of 12 Public Safety Testing, Inc. PORT ORCHARD POLICE DEPARTMENT SERGEANT June 5, 2023 DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 Indemnity and Hold Harmless The parties agree and hold harmless each other, their officers, agents, and employees in accordance with the following provisions: 1. PST shall indemnify and hold hhaa,ss the City, its employees, and agents from any and all costs, claims or liability arising from: a. ViolatiC, q�copyrig i ent or statute relating to the use and administration of the to ff'ier wri t r�inerlals herein provided for. b)Sy cost i abi y�0& from or out of the claims of an employee, agent, or sub- co�f c o the e tttST shall be an independent Contractor and the City shall be relieved �fhy and al�o�rising.f or relating to such employment relationships or contracts Sebetw re.-6 nd thikrJNJ j� c. The alle e nt or tortio t of PST in the provision of services under this Agreement. g � p g d. Solelyfor t ur o f�t,1�IIs Indemnification provision, PST expressly waives its immunity p �� p p Y Y under Title 51 � r nsurance) of the Revised Code of Washington and acknowledges that this waiver was utually negotiated by the parties. 2. The City shall indemnify and hold harmless PST, 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 City in the provision of services hereunder. 3. These indemnification provisions shall survive the expiration or termination of this Agreement. Resources to be provided by the City of Port Orchard: The City of Port Orchard shall agree to: • Comply with current guidelines and regulations related to communicable diseases in your location. Protocols will be mutually agreed to before the test date and communicated to appropriate staff, candidates, and assessors. Provide a copy of those sections of your Civil Service Rules and, if applicable, your collective bargaining agreement, which relate to the promotional testing process. • Provide a Subject Matter Expert(s) to assist in the development of the exercises, distribute and collect surveys that provide an analysis of the position being tested for, and distribute and collect a survey that provides the relative importance of the supervisory dimensions to be measured in the assessment center. The work of the Subject Matter Expert (SME) will happen on or before the agreed -upon deadlines. The City's SME will be available on the day of testing as a resource to answer questions. The role of the SME is very important and critical to the success of this process. • Obtain a minimum of two (2) qualified assessors per exercise (8 assessors for a 4-event AC) and role players, if necessary. PST will work with the city to assist in the identification of appropriate assessors; however, assessors are the agency's responsibility. Promotional Testing Proposal Page 5 of 12 Public Safety Testing, Inc. PORT ORCHARD POLICE DEPARTMENT SERGEANT June 5, 2023 DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 • Have the appropriate supervisory and management personnel participate in the surveys for the job task analysis and the behavioral dimensions. • Provide the physical facilities and internet connections appropriate for the Assessor Training, and the Assessment Center (including the selected exercises) as well as the Candidate Training (virtual or in - person). Provide meals, refreshments, and beverages for the assessors, candidates, and PST staff. • At the end of the final day of testing, agencies find it very beneficial to have the department head and management team present during the discussion with the assessors to hear comments and insights about the candidates. • If necessary, cover the expenses of the assessors and pay any travel -related and per diem expenses for the PST staff. PROMOTIONAL ASSESSMENT CENTER PROFESSIONAL FEES The Promotional Assessment Center is our most requested service and testing fees are based on a formula that uses the relative responsibility of the position as evidenced by the current base monthly salary, the schedule chosen, the number and type of exercises, and the number of candidates. A full assessment center can accommodate up to 6 or 8 candidates per day depending on these variables. A S% discount has been applied for a PST subscribing agency. (1 day) (2 day) 4 Exercises $7,800 $9,700 Additional Costs: PST's actual costs incurred for travel, meals, lodging, parking, tolls, and other related expenses are additional. Mileage will be charged at the current federal standard mileage rate per mile. A 4% surcharge is added to these expenses to cover administrative fees. Washington State sales tax is NOT charged. Invoicing. PST will invoice the agency within 30 days of work being completed. Credit Card. A three percent (3%) fee will be added at the time of payment made using a credit card to cover processing fees. TERMINATION OF THIS PROJECT Final versions of test documents and candidate counts requested must be confirmed no later than two weeks prior to the test date. Without confirmation, test dates may be postponed, and original candidate counts invoiced. PST and the agency acknowledge that either party may terminate this project at any time with or without cause. Upon termination, the City shall be liable for the amortized remainder of the professional fees, if any, from the effective date of the termination notice based on the percentage of completion of duties listed above. In the event of a lengthy postponement, PST may also submit a partial invoice based on the percentage of work completed. Also fully reimbursable in this event, are all travel expenses already incurred, if any. These include mileage, ferry, hotel, meals, parking, and tolls. If a termination or postponement occurs, both parties will agree on the fees. Promotional Testing Proposal Page 6 of 12 Public Safety Testing, Inc. PORT ORCHARD POLICE DEPARTMENT SERGEANT June 5, 2023 DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 ADDITIONAL TESTING COMPONENTS, SERVICES & PROFESSIONAL FEES L Assessment centers developed by PST are not "off the shelf" products and are highly customized for the client agency. Our testing model also includes options the city may wish to consider. A. Additional Candidate Orientation Workshops: One candidate orientation workshop is included for each assessment center. Additional workshop(s) are available if needed to accommodate the schedules of candidates. Sometimes, clients want the Candidate Workshop open to all employees who are interested in preparing for a promotional opportunity. Fee: $500 each session plus travel expenses B. Work Performance Rating: A PST -exclusive product that is a unique method to objectively incorporate the candidate's prior work performance into the promotional testing process. Clients who add this testing element give remarkably high feedback. This is separate from our assessment center exercises and clients determine the weight of this testing component in the testing process. This one -day -long process uses evidence provided by documentation, and a facilitated discussion with all the candidate's supervisors to place objective scores on five performance dimensions. For example, the first line supervisor dimensions are: a. Demonstrates Ethical Behavior b. Demonstrates Agency's Mission & Values c. Quality of Work d. Quantity of Work e. Demonstrates Leadership A weighting process determines the importance of the individual performance dimensions. Clients often find that this process has collateral benefits for the involved supervisors and is a positive experience for the leadership team. WPR Professional Fees 0 2-10 Candidates @ $2,000 (one -day event) 0 11-20 Candidates @ $3,500 (two-day event) 1 Additional Costs: PST's actual costs incurred for travel, meals, lodging, parking, tolls, and other related expenses are additional. Mileage will be charged at the current federal standard mileage rate per mile. A 4% surcharge is added to these expenses to cover administrative fees. Washington State sales tax is NOT charged. Promotional Testing Proposal Page 7 of 12 Public Safety Testing, Inc. PORT ORCHARD POLICE DEPARTMENT SERGEANT June 5, 2023 DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 C. Semi -Customized Written Examination for Washington State Law Enforcement or Operations Supervisor/Manager: A 100-item, multiple-choice, semi -customized written examination. Source materials include current leadership books and texts (request current list), 6 to 18 months of WSCJTC Law Enforcement Digests (LEDs), and 25 questions from the agency's critical policies. This test is specifically valid for Washington State; for a law enforcement or Corrections supervisor/manager and to your agency. PST needs at least 3-to 4 weeks to develop this product. A minimum of four (4+) weeks of study time is highly recommended. What PST does: • Provides 75 multiple choice questions from the textbook, legal updates, and/or LEDs. • Develops 30 questions from the agency's critical policies. • Creates a draft test booklet for pilot testing by the agency. • Creates the final test booklet and the scoresheet, makes copies for all the candidates, and ships them to the agency before the administration date. • Scores the answer sheets, conducts an item analysis, and sends the results to the agency. What the agency does: • Announces the test to the candidates, provides the source material to the candidates, and arranges for the site. • Specifically identifies the critical policies that will be tested and sends those to PST. • Determines the span of time for the material from the Legal Updates/LEDs (most clients choose 6-12 months). • Reviews the policy questions, selects 25 for the test, and verifies the answers. • Pilot tests the examination if desired. • Administers the test. PST can proctor the test at an additional cost. • Sends the answer sheets to PST for scoring. • Receives the scores and the analysis of the answers. Agency decides if questions should be eliminated; and • Notifies the candidates of their scores. Fee: $1990 for the first 10 candidates (minimum charge); $190 for each additional candidate D. Customized Promotional Written Examination: A 100-item multiple-choice, test uniquely customized written examination that is developed from source material provided by the agency. The agency's Subject Matter Expert(s) (SMEs) are used to validate the test. PST needs 10 weeks to develop this product. The final version must be authorized by SME no later than three weeks prior to the test date. Fee: $3,950 Promotional Testing Proposal Page 8 of 12 Public Safety Testing, Inc. PORT ORCHARD POLICE DEPARTMENT SERGEANT June 5, 2023 DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 E. Supervisory Skills & Abilities Promotional Test (SSA) The SSA is a 3-part event where each candidate spends 60 minutes before a single panel of 4 or 5 assessors and experiences mini - exercises. The SSA is generally conducted for 4 or 5 candidates (or less) and is intended only to rank order the candidates. The typical SSAPT events include (a) a structured interview; (b) an in -basket exercise where the candidate prioritizes a simulated in -box following their days off and prioritizes and explains to the assessors the decisions they made and why they made them; and (c) a critical thinking exercise where the candidate is provided a series of events that a first line supervisor would face and asked how they would respond. Some customization is available and multi -day testing is an option. What is different from an assessment center? Three mini -exercises, fewer assessors, no role player or written exercises, no job task analysis or weighting the dimensions, fewer dimensions are scored, no candidate feedback and no candidate orientation workshop are included in the price. Fee*: $5,000 for up to 5 candidates, plus $1,900 for each additional day of up to 5 candidates each day F. Command Skills & Abilities Promotional Test (CSA) The CSA is a four -exercise testing process conducted in front of a single panel of assessors, where each event is intended to assess the different skills and abilities of the candidate. The four parts are: (1) Presentation of Expectations where the candidate describes their expectations of subordinates as if they are the Command Officer and the assessors are their subordinates; (2) In -Basket with On -Demand Writing where the items in the In -Basket are command level issues of budget, labor, personnel, and community topics; (3) Three Practical Scenarios that are field events or organizational scenarios that a command level member would typically be expected to handle and (4) Two Case Studies where the candidate researches and writes a two -page memo about each topic before test day and makes a presentation at the test event. The candidates generally have 90 minutes to prepare and then spend 90 minutes with the assessors who have specific expectations for each part identifying how a strong candidate should perform. Assessors and Scoring: Four assessors are needed, and they are trained in the morning and will use PST -supplied laptops. They use a precision scoring model for each behavioral dimension. The assessor's scores are averaged for each behavioral dimension. The results are a ranked list provided to the client at end of the test. What is different from an assessment center? Fewer assessors, no job task analysis or weighting the dimensions, fewer dimensions are scored, no candidate feedback document and no pre -test candidate orientation workshop are included. Fee*: $5,500 for up to 4 candidates, plus $1,900 for each additional day of up to 4 candidates each day. G. Onsite Written Examination Proctoring: Onsite written examination proctoring is available at $100 per hour for each PST staff person required plus staff travel & per diem expenses. Promotional Testing Proposal Page 9 of 12 Public Safety Testing, Inc. PORT ORCHARD POLICE DEPARTMENT SERGEANT June 5, 2023 DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 H. Performance Profiles Indicator (PPI). The PPI is a DISC -type of assessment that reveals a candidate's job performance and aspects of their personality that could impact their manager, coworkers, and team. It measures a candidate's motivational intensity and behaviors related to productivity. Two reports are generated: one for the employer and one for the candidate. Clients often use this tool to help identify who is the best "fit" for the position, and when it is coupled with the post-test comments from the assessors, these provide the foundation for a great career development conversation. Fee: $199 per candidate. Profiles XT Job Match. The ProfileXT is a state-of-the-art occupational assessment tool used to measure how well an individual fits a specific job in your organization. The job -matching feature enables you to evaluate an individual relative to the qualities required to successfully perform in a specific job. Through job analysis and other features, a model is created. When your candidates complete this assessment, their individual results are compared to the model, and you are provided a detailed report on how the candidate compares to your model (%). Fee: $225 per candidate. J. Additional On -Site Meetings. One on -site meeting is included in the package of services once the proposal is accepted and signed. Additional virtual meetings may be held at no charge. Additional on - site meetings can be held at the client's request. Fee: $125 per hour (including travel time) plus travel expenses K. Invoicing. PST will generally invoice the agency within 30 days of work being completed. L. Credit Card. A three percent (3%) charge will be added at the time of payment made using a credit card to cover processing fees. M. Termination of Projects. Final versions of test documents and candidate counts requested must be confirmed by the Subject Matter Expert (SME) or agency contact no later than two weeks prior to the test date. Without confirmation, test dates may be postponed, and original candidate counts may be invoiced. PST and the agency acknowledge that either party may terminate this project at any time with or without cause. Upon termination, the City shall be liable for the amortized remainder of the professional fees, if any, from the effective date of the termination notice based on the percentage of completion of duties listed above. In the event of a lengthy postponement, PST may also submit a partial invoice based on the percentage of work completed. Also fully reimbursable are all travel expenses already incurred, if any. These include mileage, ferry, hotel, meals, parking, and tolls. In the event of a termination or postponement, both parties will agree on the fees. Promotional Testing Proposal PORT ORCHARD POLICE DEPARTMENT Page 10 of 12 SERGEANT Public Safety Testing, Inc. June 5, 2023 DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 Please use this page to indicate what services you have selected for this process. City of Port Orchard Police Department SERGEANT PROMOTIONAL TESTING SERVICES DESIRED IN THIS AGREEMENT ® 4 Exercise Assessment Center: ® One Day - $7,800 ❑ Two Day - $9,700 ® Additional Candidate Workshop - $500 (one virtual candidate workshop is included with an assessment center) ® Work Performance Rating ® 2-10 Candidates: $2,000 ❑ More than 10 Candidates: $3,500 ❑ Semi -Customized Written Examination for Washington Law Enforcement/Operations Supervisor/Manager - $1990 for the first ten candidates (minimum charge); $190 for each additional candidate ❑ Fully Customized Written Examination for Washington Law Enforcement/Operations Supervisor/Manager - $3,949 ❑ Send final written test materials to: ❑ Supervisory Skills & Abilities Promotional Test. $5,000 for up to 5 candidates, plus $1,900 for each additional day; up to 5 candidates each day Number of Candidates? ❑ Command Skills & Abilities Promotional Test. $5,500 for up to 4 candidates, plus $1,900 for each additional day; up to 4 candidates each day Number of Candidates? ❑ Other (please describe): Promotional Testing Proposal Page 11 of 12 Public Safety Testing, Inc. PORT ORCHARD POLICE DEPARTMENT SERGEANT June 5, 2023 DocuSign Envelope ID: CA496165-EDD5-48F6-8A52-9EEE405FB7C2 Agreement & Acceptance Please send your formal acceptance of this proposal by email, fax, or mail to: Public Safety Testing, Inc. Attn: Colleen Wilson 20818-44th Ave W., Suite 160 Lynnwood, WA 98036 Email: Colleen@ PublicSafetyTesting.com FAX:425.776.0165 This proposal is valid for 90 days and should generally be accepted and returned to PST at least eight weeks before the mutually agreed upon promotional testing date(s). Agreement & Acceptance: CITY OF PORT ORCHARD, WA F�DOCUSIgned by: � P4a&A-SWA, By: F'I C�.^fiA7e Print: Rob Putaansuu Its: Mayor Address: 216 Prospect Street Port Orchard, WA 98366 Phone: 360-876-4407 8/30/2023 Date: PUBLIC SAFETY TESTING, INC. Jon F. Walters, Jr. President 20818 — 44th Ave W, Suite 160 Lynnwood, WA 98036 425.776.9615 June 5, 2023 Billing Information: (Please complete if different from the contact information above) Billing Contact Name: Patti Saltsgaver Title: Accounting Assistant II Address: 216 Prospect Streeet City/State/Zip: Port Orchard, WA 98366 Telephone: 360-876-7019 Email: ap@portorchardwa.gov Invoice Preference (select one): ❑ US Postal Service mail XElectronic billing via email @ ap@portorchardwa.gov Promotional Testing Proposal Page 12 of 12 Public Safety Testing, Inc. PORT ORCHARD POLICE DEPARTMENT SERGEANT June 5, 2023