HomeMy WebLinkAboutPublic Safety Testing - Entry, Lateral & Corrections Eligibility Testing for JCSO/Civil Service Commissionra��(a���
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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 Jefferson County, a political
subdivision of the state of Washington (hereinafter "Subscriber ") do enter into this
Subscriber Agreement under the terms and conditions set forth herein.
AW-10
POSITIONS:
(check all that apply)
COMMENCEMENT DATE:
FEES:
Jefferson County, WA
.�l Law Enforcement Officer (entry- level)
-9 Law Enforcement Officer (lateral /experienced)
Corrections Officer (entry- level)
Corrections Officer (lateral /experienced)
September 1, 2015
0 Law Enforcement Officer written & physical
ability testing @ $1,000 annually
0 Corrections Officer written & physical ability
testing @ $500 annually
TERMINATION (select one) : ❑ This agreement terminates August 31, 2016
❑ This agreement terminates August 31, 2017
This agreement terminates August 31, 2018
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 Advertising and recruiting assistance, application processing, and
administration of pre - employment written examinations and physical ability
tests for those positions noted on Page One (1) of this Agreement.
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
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 shall be made within 45 days of receipt of invoice.
Subscriber Agreement Page 2 of 6 Public Safety Testing, Inc.
Jefferson County, WA 2015 2015.01 Form
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 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 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 application fee from any and all applicants.
3.5 The Subscriber is encouraged to and may also 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.
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.
4. Testing Standard and Warranty of Fitness for Use. All testing services conducted
under this Agreement shall be undertaken in accordance with the provisions of the
Washington State Civil Service Statutes, Chapter 41.08 and 41.12 RCW, 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
Subscriber Agreement Page 3 of 6 Public Safety Testing, Inc.
Jefferson County, WA 2015 2015.01 Form
general standards established by the Subscriber; the Subscriber shall be
responsible for notifying the Contractor of any unusual or special process or
limitation. The test utilized, the proctoring of the test and any and all other services
attendant to or necessary to provide a valid passing or failing score to the Subscriber
shall be conducted in accordance with generally accepted practice in the human
resources, Civil Service and Public Safety Testing community. The Subscriber may
monitor the actions and operations of the Contractor at any time. The Contractor
shall maintain complete written records of its procedures and the Subscriber may, on
reasonable request, review such records during regular business hours. Any and all
written materials, and the standards for physical fitness testing utilized, shall comply
with all applicable copyrights and laws. The Contractor expressly agrees and
warrants that all tests and written materials utilized have been acquired by the
Contractor in accordance with the appropriate copyright agreements and laws and
that it has a valid right to use and administer any written materials and tests in
accordance with such agreements and laws. 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
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.
Subscriber Agreement Page 4 of 6 Public Safety Testing, Inc.
Jefferson County, WA 2015 2015.01 Form
Termination. This agreement terminates as noted in the Termination section on
Page 1 of this Agreement. 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.
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 1.4 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 day of &CID a 2015.
JEFFERSON CO Y, PUBLIC SAFETY TESTING, INC.
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By: / J By: October 6 2015
Print:
Its:
Conta
Address: t�-Ly ago
City /State /Zip: {
Telephone: 5 6y, 00
Email: �Aw V Ci .V's
,Approved M Ib
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Print: Jon F. Walters Jr
Its: President
Jon Walters
20818- 44'hAve. W. Suite 160
Lynnwood, WA 98036
425.776.9615
0on(d)publicsafetvtesting com
Subscriber,jVpj&AWarc. \eI Vr^ Page 6
8 .f Public Safety Testing, Inc.
Jefferson County, WA 2015 2015.01 Form
Subscriber's Contact & Address for Billing:
(Please complete if different from contact information obo,,)
Contact:
Title:
Agency:
Address:
City /State /Zip:
Telephone: _
Email:
Subscriber Agreement Page 6 of 6 Public Safety Testing, Inc.
Jefferson County, WA 2015 2015.01 Form
Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Julie Shannon, Executive Secretary I
DATE: October 19, 2015
SUBJECT: AGREEMENT re: Entry and Lateral Deputy and Corrections Eligibility
Testing; Public Safety Testing, Inc.
STATEMENT OF ISSUE:
Approval of Agreement re: Entry and Lateral Deputy and Corrections Eligibility Testing;
Jefferson County Civil Service Commission; PublicSafetyTesting, Inc.
ANALYSIS:
The Civil Service Commission has met to review renewal of existing contract with Public Safety
Testing, Inc to provide continuous testing for future Jefferson County Deputy Sheriff and Jefferson
County Corrections Officer vacancies.
FISCAL IMPACT:
The Jefferson County Sheriff pays $1,000 per year for three (3) years for the Deputy Sheriff testing.
The Civil Service Commission pays $500 per year for three (3) years for the Corrections Officers
testing.
RECOMMENDATION:
Approve Agreement Entry and Lateral Deputy and Corrections Eligibility Testing; Jefferson
County Civil Service Commission; Public SafetyTesting, Inc.
REVIEWED BY:
Phi ip orle , unty Ad rator
Date
CONTRACT WITH: Public
CONTRACT FOR:
Date
CONTRACT REVIEW FORM
Expiration/Termination
COUNTY DEPARTMENT: BOCC
For More Information Contact: Philip Mori
Contact Phone #:
RETURN TO: Julie Shannon RETURN BY:
(Person in Deoarlment)
/so.
TERM: 08/31/2015 —
08/31/2
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AMOUNT: No change in dollar amount PROCESS* Exempt from Bid Process
1t S �15� 1 llc - ye- t Consultant Selection Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
RFP or RFQ
Other Sole source
Step 1:
REVIEW BY RISK GEM ENT
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Review by:
L7C`3
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Date Reviewed:
APPROVED FORM
etumed for ion ( ee
ents)
Comments N >.—
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Step 2: REVIEW BY f OSECUTING TTORP
Review by:
Date Reviewed:
APPROVED AS TO FORM LJ Returned for revision (See
Comments
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 9 copies of Contract, Review Form, and Agenda Bill to BOCC Office_.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)