HomeMy WebLinkAbout082718_ca04 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 II
DATE: August 27, 2018
SUBJECT: AGREEMENT re: Entry & Lateral Deputy & Corrections Eligibility Testing for
Jefferson County Sheriff's Office Hiring; In the Amount of a maximum of$1,620
per year for September 1, 2018 - December 31, 2021; Jefferson County Civil
Service Commission; Public Safety Testing, Inc.
STATEMENT OF ISSUE:
Approval of AGREEMENT re: Entry & Lateral Deputy & Corrections Eligibility Testing for Jefferson
County Sheriff s Office Hiring; In the Amount of a maximum of$1,620 per year for September 1,
2018 - December 31, 2021; Jefferson County Civil Service Commission; Public Safety Testing, 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 in Jefferson County Sheriffs Office.
FISCAL IMPACT:
The Jefferson County Sheriff pays $1,200 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 re: Entry & Lateral Deputy & Corrections Eligibility Testing for Jefferson
County Sheriffs Office Hiring; In the Amount of a maximum of$1,620 per year for September 1,
2018 - December 31, 2021; Jefferson County Civil Service Commission; Public Safety Testing, Inc.
REVIEWEDi BY:
I �
Phi ip orley, C unt; Administrator Date
Public-----""Safely
Testing
SUBSCRIBER AGREEMENT
WHEREAS, Public Safety Testing, Inc. is a skilled provider of pre-employment
testing services to police, fire, and other public safety agencies, and
WHEREAS, the subscriber public agency, either directly or through a civil service
commission, tests, evaluates, ranks and hires law enforcement and/or firefighters and/or
other public safety positions in the performance of its public safety functions, and
WHEREAS, the subscribing public entity desires to join in a Subscriber
Agreement, NOW, THEREFORE,
Public Safety Testing, Inc. (the "Contractor") and Jefferson County, a municipal
corporation of the state of Washington (hereinafter"Subscriber") do enter into this
Subscriber Agreement under the terms and conditions set forth herein.
SUBSCRIBER: Jefferson County, WA
POSITIONS: Law Enforcement Officer written &physical ability testing:
Check all that apply I< Law Enforcement Officer(entry-level)
H Law Enforcement Officer(lateral/experienced)
Corrections Officer written &physical ability testing:
151' Corrections Officer(entry-level)
Corrections Officer((lateral/experienced)
COMMENCEMENT DATE: September 1, 2018
TERM & PROFESSIONAL
FEES (select one):
Expires
0 Subscription at the Dec 31, Law Enforcement Officer Corrections Officer
following rates (this 2019
agreement terminates 9/2018
December 31, 201 a through $1,000 prorated to$333 $500 prorated to$167
12/2018
or 2019 $1,100 $548
g/ Subscription at the
following rates (this Expires
agreement terminates Dec 31, Law Enforcement Officer Corrections Officer
December 31, 2021): 2021
9/2018
through $1,000 prorated to$333 $500 prorated to$167
12/2018
2019 $1,028 $512
2020 $1,056 $524
2021 $1,084 $536
OUT OF REGION TESTING , SUBSCRIBER authorizes candidates who reside outside of the
Select one Pacific Northwest to take the written examination where they reside.
The physical ability test, if required, must be conducted by
SUBSCRIBER (or SUBSCRIBER coordinates with candidate to be
tested at a scheduled PST event), within 90 days of the written exam
(180 days for FF CPAT).
0 SUBSCRIBER does not authorize out-of-region testing.
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.
Subscriber Agreement Page 2 of 6 Public Safety Testing, Inc.
Jefferson County, WA 2018 2018.01 Form
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.
1.5.1 Direct Deposit (ACH Enrollment). Subscribers are encouraged to
set up direct deposit (ACH enrollment) for their payments. There will be no
additional fee for payments made using direct deposit (ACH enrollment).
1.5.2 Credit Card. A three percent (3%) fee will be added at the time of
payment to each payment made using a credit card. The purpose of such
fee is to cover Contractor's credit card processing fees.
2. Additional Services. In addition to the services provided under this Agreement, the
Subscriber may, at its sole discretion, elect to purchase additional services from the
Contractor. Such services shall be requested by and contracted for pursuant to
separate written agreement.
3. Acknowledgements of Subscriber. The Subscriber understands and acknowledges,
and specifically consents to the following stipulations and provisions:
3.1 Because applicable civil service law prohibits having multiple eligibility lists for
the same class of hire, this Agreement is an exclusive agreement for these
services.
3.2 The written and physical agility scores of any applicant shall be valid for 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 testing fee from any and all applicants.
Subscriber Agreement Page 3 of 6 Public Safety Testing, Inc.
Jefferson County, WA 2018 2018.01 Form
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.
3.8 Subscriber understands and acknowledges that a candidate's PST Personal
History Statement (PHS) will be stored electronically by PST for 24 months
from the date the candidate uploads the PHS to the PST website. Any PHS
stored more than 24 months will automatically be deleted and will no longer be
available to the Subscriber from the PST server.
4. Testing Standard and 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/or 41.12 and/or 41.14
RCW, or the terms of other applicable statute as the Subscriber shall notify the
Contractor that the Subscriber must meet. Tests shall also be conducted in
accordance with the general standards established by the Subscriber; the
Subscriber shall be responsible for notifying the Contractor of any unusual or special
process or limitation. The test utilized, the proctoring of the test and any and all other
services attendant to or necessary to provide a valid passing or failing score to the
Subscriber shall be conducted in accordance with generally accepted practice in the
human resources, Civil Service and Public Safety Testing community. The
Subscriber may monitor the actions and operations of the Contractor at any time.
The Contractor shall maintain complete written records of its procedures and the
Subscriber may, on reasonable request, review such records during regular
business hours. 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.
Subscriber Agreement Page 4 of 6 Public Safety Testing, Inc.
Jefferson County, WA 2018 2018.01 Form
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.
7. Termination. This agreement terminates as noted in the Term & Professional Fees
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, 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 the Term & Professional Fees section on Page 1 of
this Agreement. The early termination fee is in addition to any other fees
agreed to by this Agreement.
Subscriber Agreement Page 5 of 6 Public Safety Testing, Inc.
Jefferson County, WA 2018 2018.01 Form
1
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.
fl ,
This Agreement is dated this dday of i �'(' - , 2018.
JEFFERSON COUNTY, WA PUBLIC SAFETY TESTI G, INC.
! 1 1
By: By: % �- `/ Arfr Au•ust 9 2018
Print: ti"i ���i� Print: Jon F. Walters, Jr.
r,.. +, fir' , .)
Its: ; It1 lj'1i 1 �i1�� rt.,IW' Its: President
Contact: Jon Walters
Address: 20818 -44th Ave. W., Suite 160
City/State/Zip: Lynnwood, WA 98036
Telephone: 425.776.9615
Email: ; jonapublicsafetytesting.com
Subscriber's Contact& Address for Agency Re ruiter:
Billing: Name:
(Please complete if different from contact
information above) , I Title:
Contact: f-, ili ‘ ��LOt( ONEmail:
Title: \.U't °Z_.1)(\,,.
Agency: ( rtv'i>\ C ' l l-)sE Agency Hiring
Represen tive/Supervisor:
Address ?c) i -')1--M.611 TIVIA). Name:
City/State/Zip. (., - G�S6�(St�� .. ac-coNits
Title:
Telephone: j(05sst3 l jcc)
Email:
Email: \"A\ t Q ( L;.-�`I - ``\. tib.\J\
Chief or A ency Director:
Orov -
241 as f r Name:
( -• Date:
Philip C. Huns cker,Chief Civil Deputy Prosecuting ttorney Title: \
Jefferson County Prosecuting Attorney's Office \
Email:
Subscriber Agreement Page 6 of 6 Public Safety Testing, Inc.
Jefferson County, WA 2018 2018.01 Form