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052-08 - Resolution - Contract with Public Safety Testing for Police RecruitmentRESOLUTION NO. 052-08 A RESOLUTION OF THE CTIY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH PUBLIC SAFETY TESTING FOR POLICE RECRUITMENT WHEREAS, the City is requ ired to provide for advertising and recruitment of entry-level police officers; and WHEREAS, the City has worked with Public Safety Testing for the past eight (8) years to provid e advertising, recruitment, and testing services for entry-level police officers; and WHEREAS, the City desires to renew its contract with Publi c Service Testing for the period of January 1, 2009 through December 31, 2011; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council hereby app roves the Contract attached hereto as Exhibit A and by this r efere nce incorporated herein. THAT: Th e Mayor is authorized to execute, on behalf of the City, the contract with Public Safety Testing for Entry-Level Polic e officer recruitment. PASSED by the City Council of the City of Port Orchard, SIGNED by the Ma yor and attested by the Clerk in authentication of such passage this 25th day of November 2008 . . --:/~?..,:;' ~ ./ .. /' _/· ~ /-· --·· z.. .. ·' Public Solely > Testing SUBSCRIBER AGREEMENT OR\G\NAL WHEREAS , Public Safety Testing , Inc. is a skilled provider of testing services to police, fire , and other public safety agencies , and WHEREAS , the subscri ber public agency, either directly or through a civil service commission , tests , evaluates , ranks and hires law enforcement and/or firef ighters 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 Port Orchard, a municipal corporation of the state of Washington (hereinafter "Subscriber") do enter into this Subscriber Agreement under the terms and conditions set forth herein . 1. Description of Basic Services. This Agreement begins January 1, 2009. The Contractor will provide the following services to the Subscriber: 1.1 Advertising and recruiting assistance, appl ication processing , and administration of written examinations and/or physical ability tests for (check all that apply): ){(Entry-level Police Officer D Lateral/Experienced Police Officer 1.2 Report to the Subscriber the scores of applicants , with all information ne cessary 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. 1.3 Written examination scores will be reported to the Subscriber as a percentage score (based on 1 00%) and physical ability test scores will be reported as "Pass " or "Fail ". The passing score for written examinations is set by the test devel oper at 70 %. If Subscriber requires a different passing score, please c he ck the box be low and note the required passing score: 0 Subscriber's passing score is : ___ % 1.4 Appear in any administrative or civil service proceeding in order to testify to and provide any and all necessary information to document the va lidity of the testing process , to participate in the defense of any test ing process condu cted by t he 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 w ithout additio nal cha rge . Th e Subscriber shall pay the reasonable cost of travel and appearance for any expert witness deemed necessary by the Subscriber to validate the test ing process , including but not limited to , representatives of any company wh ich 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 t o defend in any administrative or court proceeding arising from our out of a claim or challenge relating to Subscriber's use of other testing process (es ) o r out of Subscriber's attempt to establish multiple or blended e l igib i lity lists for the same position based in whole or in part on other testing process(es). "Other testi ng process(es)" means any test or testing process other than those provided by the Contractor under th is Agreement. 1.5 Term & Fees. The Subscriber elects (select all that app ly): D A one-year subscription at the following rates : D Police Offi cer (entry &/or lateral) testi ng at $1,500 ~ (\ ).hree-year subscription at the following rates : .3J. Police Officer (entry &/or lateral) testing at $1,200 annually 1.6 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 lim ited to, software relating to online application , advertising formats , previously advertised schedu ling of test dates , model civil service rules , testing systems, as well as ongoing testing and recruitment , and any and all other work developed at the cost of the Contracto r prior to or contemporaneous w ith the execution of this Agreement. Payment shall be made within 45 days of receipt of invoice . 2 . Additional Services. In addition to the services provided under this Ag reement, the Subscriber may, at its sole discretion, elect to purchase additio nal services from the Contractor. Such services shall be requested by and c ontracted for pursuant to separate written agreement. Subscriber Agr eement City of Port Orchard, WA P age 2 of5 Public Safety Testing, Inc. 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 hires, this Agreement is an exclusive agreement for these services . 3.2 The written and physical agility scores of any applicant shall be val id for 15 months from the date of certification by the Contractor or 12 months from the date of placement upon the Subscriber's eligibility list, whichever f irst occurs , following the report of the Contractor, and rules compati ble with continuous testing shall be adopted. The Subscriber shall review its applicable hiring processes , advertisements , personnel policies and civil serv ice rules (as applicable) to ensure compliance with the provisions of this Agreement. 3.3 An applicant may, in addition to the Subscriber's el igibility Jist , elect to have his/her score reported to and subject to placement on the elig ibi lity list of any other Subscriber. Nothing in this Agreement shall be i nterpreted 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 th rough this service , the applicant's name shall be removed from Subscriber's eligibility list. 3.4 The Subscriber specifically understands and acknowledges that the Contracto r may charge a reasonable application fee from any and all appl icants . 3 .5 The Subscriber is encouraged to and may also conduct advertising as it deems necessary to support/enhance recruit ing 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 Subscri ber. The Subscriber agrees to actively participate in recruiting efforts for positions within the Subscriber agency. 3. 7 The Subscriber ag rees 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 . 4 . Testing Standard and Warranty of Fitness for Use. All testi ng services conducted under this Agreement shall be undertaken in accordance with the provi sions of the Washington State Civil Service Statutes, Chapter 41.08 and 41 .12 RCW, or the terms of other applicable statute as the Subscriber shall notify the Contracto r 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 unusua l or special process or limitatio n. 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 Subscriber Agreement City of Port Orchard, WA Page 3 of5 Public Safety Testing, Inc. shall be conducted in accordance with generally accepted practice in the human resources , Civ il Service and Public Safety Testing community. The Subscriber may monitor the actions and operations of the Contractor at any time. The Contractor shall maintain complete written records of its procedures and the Subscriber may , on reasonable request , review such records during regular business hours . Any and all written materials , and the standards for physical fitness testing utilized , shall comply with all applicable copyrights and laws. The Contractor expressly agrees and warrants that all tests and written materials utilized have been acquired by the Contractor in accordance with the appropriate copyright agreements and laws and that it has a valid right to use and administer any written materials and tests in accordance with such agreements and laws . 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 harm less 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 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 liabil ity arising from or out of the alleged negligent or tortious act of the Subscriber in the provision of services hereunder. Subscriber Agreement City of Port Orchard, WA Page 4 of5 Public Safety Testing, Inc. 7 . Termination. This Agreement terminates on the last day of December, 201 __ _ The Contractor and the Subscriber may withdraw from this Agreement at any time for any reason with 90 days written notice , provided , however, that the provisions of paragraphs 1.4, 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. 7.1 If the Subscriber elects to terminate this Agreement prior to the termination date specified in section 7, Subscriber shall pay the Contractor an early termination fee. The purpose of this early termination fee is to cover the direct and indirect costs of refunding and or rescheduling applicants that had signed up to test for the Subscriber. The early termination fee is one-third (33 %) of the annual subscriber fee as noted in Section 1 .5 of this Agreement. The early termination fee is in addition to any other fees agreed to by this Agreement. 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. This Agreement is dated this ale Its : Mo._u OX I Contact: Wf'5 l f) ~po\a... Address : 2.\ lO \?~,c:\ &-\= City/State: l"bf"-\-Q'(c.Paxd l .oer ... 0 -. By : Print: Jon F. Walters Jr. Its : President Jon Walters 20818-441h Ave . W., Suite 160 Lynnwood, WA 98036 425 .776.9615 Subscrib er Agreement C ity of P ort Or chard, WA Page 5 of5 Public Safety Testing, In c.