HomeMy WebLinkAboutAgreements/Contracts - Sheriff & JailK22-039
Public Safety
Teiting
WHEREAS, Public Safety Testing, In ' skilled .0
cl Is a 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 Grant 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: Grant County, WA
POSITIONS-, Law Enforcement Officer (entry-level)
w , '` „ Law Enforcement Officer(lateral/experienced)
Corrections Officer (entry-level)
Corrections Officer (lateral/experienced)
COMMENCEMENT DATE: 2022
PROFESSIONAL FEES: R1
Law Enforcement Officer & Corrections Officer written /or
physical ability testing
0 Year #1 @ $4,200 annually
0 Subsequent years (beginning January 1, 2023) will include an.
annual increase of four -percent (4%).
TERMINATION: This
agreement terminates -
11
December 31, 2022
El
December 31, 2024
)9.
This agreement will automatically renew annually unless either
4
party provides a 60 -day notice as outlined in Section 7. Each
annual renewal includes a 3% increase in professional fees, the
first commencing January 1, 2023.
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RECRUITING AT PST WRITTEN ?k Opportunity for Subscriber to recruit candidates at PST written
EXAM EVENTS exam events. Written exams occur in-person or virtual (online, in -
:Z Check to request home). Subscriber may appear in-person (in-person exam
locations) or via 60 -second video provided by Subscriber (in-
person exam location or virtual exam). Subscriber will be 'Invoiced
$10 per candidate that adds Subscriber agency to their list prior to
the start of the exam.
FINANCIAL HARDSHIP WAIVER Subscriber agrees to pay candidate financial hardship waivers, each
:Z Check to request pre -approved by the Subscriber at the following rates-,
$50 for Law Enforcement written examination
19 $35 for Corrections written examination
r,
1. Descri "on 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 intake processing, and
administration of pre-employment written examinations and/or physical ability
tests for those positions noted on Page One (1) of this Agreement.
1.1.1 Written examinations are administered in-person at Contractor's test
events, including those conducted by Subscribing agencies; remotely
through a network of certified college testing facilities; and, through the
Contractor's online, virtual 'in-home testing program,
1.1.2 Physical ability tests for law enforcement and corrections applicants are
administered at Contractor's test events, 'including those conducted by
Subscribing agencies, and, through a network of partner gym and fitness
facilities.
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
gill 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%. For
dispatcher candidates, the typing test results will be reported as words per
minute (wpm) and accuracy rate (%).
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
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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 Agreement Page 2 of -6 Public Safety Testing, finc,
Grant Coity, WA 2022
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.
page
1.5 P yment. 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 due -within 30 days of receipt of invoice,
1.5.1 Direct Depgsit (ACH Enrollm . 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. .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. Acknowledqements of Subscriber. The Subscriber understands and acknowledges,
and specifically consents to the following stipulations and provisions:
3.1 Because applicable civil service law prohibits having multiple eligibility lists for
the same class of hire, this Agreement is an exclusive agreement for these
services,
3.2 The written and physical agility scores of any applicant shall be valid for 18
months from the date of certification by the Contractor or 12 months from the
date of placement upon the Subscriber's eligibility list, whichever first occurs,
following the report of the Contractor, and rules compatible with continuous
Subscriber Agreement Page 3 of 6 Public Safety Testing, Inc.
Grant County, WA 2022
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 SubscHber agrees
that if an applicant is hired by another agency through this service, the
applicant's name shall be removed from Subscriber's eligibility list.
3.4 The Subscriber specifically understands and acknowledges that the Contractor
may charge a reasonable testing fee from any and all applicants.
3.5 The Subscriber is encouraged to and may also conduct advertising as it deems
necessary to support/enhance recruiting efforts. The Subscriber sh,all 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 a, I gency.
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 candidateS 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. Testinci 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 plicable statute as the Subscriber shall notify the
Contractor that the Subscriber must meet. Tests shall also be conducted in
accordance with the general standards established by the Subscriber; the
Subscriber shall be responsible for notifying the Contractor of any unusual or special
process or limitation. The test utilized, the proctoring of the test and any and all other
services attendant to or necessary to provide a valid passing or failing score to the
Subscriber shall be conducted in accordance with generally accepted practice in the
human resources, Civil Service and Public Safety Testing community. The
Subscriber may monitor the actions and operations of the Contractor at any time.
The Contractor shall maintain complete written records of its procedures and the
Subscriber may, on reasonable request, review such records during regular
business hours. The Contractor expressly agrees and warrants that all tests and
written materials utilized have been acquired by the Contractor in accordance with
ri
Subscriber Agreement Page 4 of 6 Public Sqfety Testing, Inc.
Grant Couqy, WA 20122
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. Inde endent 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
01
employees and agents from any and all costs, claims or liability arising front,
6.1 .1 Violation of any copyright agreement or statute relating to the use and
administr a -tion 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 T h e alleged negligent or tortious act of the Contractor in the provision of
services under this Agreement.
61.4 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 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.
Subscriber Agreement Page 5 of 6 Public Sqfety Testing, Inc.
Grant County, WA 2022
8. Entire -Agreement, Amend . ment. This is the entire Agreement between the parties.
Any prior agreement, written or oral, shall be deemed merged with 'Its provisions,
Thi''s Agreement shall not be amended, except in writing, a I t the expres's written
consent of the parties hereto.
This Agreement 'is dated thi's day of 2022.
GRANT COUNTY, WA PUBLIC;E T , SAFETY. ESTING, INC. E
By:
By: y anus ry 14L,2022
Print,-,
-------Print: Jon F. WaltersJr,
Its: ekft�LQL& t P1rV'4nrV_%1 I issi on -
Its: President
Contact: j)etor%cA.V\ Ah�euMa Jon Walters
Address: PC) 00,A0 -NX
....... ... W-, 5.7.1.1. 20818-44thAve.W., Suite 160
City/State/Zip-,��--h-.I,.,,,..,WAS qn-p-13 Lvnnwood,WA 98036
Telephone: 425.776.9615
Email: �nAev nCVCV0.fAC0un Wc,-<�OV jgn,@,p I
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Invoicing Preference (select one): Agency Recruiter,
Cl US Postal Service Mail Name: 41h nbur
o'Electronic via Email
409, "'Op" Title:
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Email:
Subscriber's Contact & Address for
Billing:
(Please complete if different from contact
informatlon above)
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Title:
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Agency: C.,Mnt
Address -;,;b 36& 32
City/State/Zip: WA
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Email: aMVr10
Agency Hiring
Representative/S.upervisor:
Name:_77rar,u 14ill
Title: 'A I
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Email: ne Iq VNr% A ej,
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Chief or Agency Director:
Name:--Tbo
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Subscriber Agreement Page 6 of 6 Public Sqfety Testing, Inc.
Grant County, 97A 2022 e