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HomeMy WebLinkAboutCritiCall - Suncomm Communications 911 - TestGeniusTestGen us Cr: iCali !WW1 SunComm 9 SunComm 911 Communications Erica McNamara Public Safety Communications Manager ericamcnamara@yakimawa.gov 2403 518th Street #400 Union Gap, WA, 98903 Communications - CritiCall Quote Prepared by: Howie Pearsol Client Relations Manager Biddle Consulting Group/TestGenius hpearsol@biddle.com ITEM DESCRIPTION PRICE* CritiCall/TestGenius Cloud Testing Package The subscription is active for the quoted period, This license allows the or- ganization to administer an unlimited number of online tests, whether "off - the -shelf" tests from the CritiCall/TestGenius suite, or the organization's custom tests through the TestWriter software. Includes: * Unlimited phone & email support: Monday - Friday 7am-8pm Pacific Time Saturday - Sunday 9am-7pm Pacific Time * Content Validation Wizard * Remote Proctoring • Dispatcher Personality Test • TrueNorth Language Testing • Logi-Serve Situational Judgment Testing • CritiCall 3D (coming soon!) Total $3,614.00 /year $3,614.00 Quote Created: October 15, 2025 Valid through: February 23, 2026 Reference # 20251015-095955691 This quote is for 30 dispatchers. Year 1: $3,366 Year 2: $4,939 Year 3: $6,512 Year 4: $6,512 Year 5: $6,512 "Note: !f clip expenses hat anydocuments are to be notarized before being returned, a $700 fee will be added to th iddle Cic: 9P Biddle Consulting Group, Inc.' 606 Sutter Street' Folsom, California 95630-4760 www.TestGenius.com 11-(600)999-0438 invoice to cover costs and CITY CONTRACT NCJ'16",,� r RESOLUTION NO: � ilk ' TestGenius Online TestGenius Terms of Use 2. GRANT OF LICENSE: Biddle Consulting Group, Inc. (BCG) grants to the licensee the right to use the TestGenius (which may include license for CritiCall and/or OPAC and/or C4) Software (hereinafter referred to as "SOFTWARE"). Biddle Consulting Group, Inc. reserves all rights not expressly granted to LICENSEE in this legal document. The software is annually licensed for use by the licensee organization alone. This license may not be extended to any other organization. This Annual License Agreement allows the SOFTWARE to operate through the licensed time period and then cease to function. Annual relicensing will be necessary in order for continued use of the SOFTWARE. It is the responsibility of the licensee to export data that the licensee may wish to access later in the event that the licensee opts to allow an annual license to expire. The licensee is authorized to use the SOFTWARE for testing and/or training applicants or employees at the licensed organization only. It is an express violation of the license agreement to allow use of the SOFTWARE by any other unlicensed organization. As such, the licensee is not authorized to use the software as part of a "testing/certification service" for external applicants or employees, unless expressly licensed for such use. 3. COPYRIGHT. Biddle Consulting Group, Inc., retains title and ownership of the SOFTWARE. The SOFTWARE and the accompanying written materials are protected by United States copyright laws and international treaty provisions. Therefore, the licensee must treat the SOFTWARE like any other copyrighted material (e.g. a book or musical recording,) 4. USE RESTRICTION. The licensee may not distribute licenses of or access to the SOFTWARE or accompanying written materials to other parties. The licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE. 5. TRANSFER RESTRICTIONS. The licensee may not rent or lease the SOFTWARE. 6. INDEMNITY. The City agrees to release, indemnify, defend and hold Biddle Consulting Group, Inc., its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from any and all claims, demands, actions, suits causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties, expenses, attorneys' fees, costs, and/or litigation expenses to or by any and all �~� ^ � yll;�� ��~ .n����z��. ...,~ persons orentities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from orconnected with this agreement and the SOFTWARE, caused bythe negligent acts, errors, oromissions mfthe City. 7. Biddle Consulting Group, 1nc,agrees torelease, indemnify, defend and hold the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits causes of action, arbitrations, mediations' proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties, expenses, attorneys' fees, costs, and/or litigation expenses to or, by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from orconnected with this agreement and the SOFTWARE, caused bythe negligent acts, errors, oromissions ofBiddle Consulting Group, Inc. 8. TERMINATION. This software is licensed annually, or in groups of years, at the licensor's option. The License is effective until it lapses or is otherwise terminated. The licensor may terminate this license at any time through a writing to Biddle Consulting Group, Inc., and cease to use the SOFTWARE. This License will terminate automatically without notice from Biddle Consulting Group, Inc. if the licensee fails to comply with any provision of this License. 9. GOVERNING LAW. The laws of the State of Washington govern this Agreement. 10.LIMITED WARRANTY, Biddle Consulting Group, Inc. warrants that, for aperiod of thirty (30)days from the date of delivery, the SOFTWARE will perform substantially in accorclancewith the Operator's Manual and that the media on which the SOFTWARE is fixed will be free from defects in materials and workmanship under normal use and service. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse or misapplication. This limited warranty provides the licensee specific legal rights. 11. CUSTOMER REMEDIES. Biddle Consulting Group Inc.'s entire liability and the licensee's exclusive remedy shall be repair or replacement of the SOFTWARE that does not meet Biddle Consulting Gruup|nc.`x � �� � ' �� ���|U� �� ,���~�~...�~� 12.Limited Warranty. THESE REMEDIES ARE NOT AVAILABLE OUTSIDE OF THE UNITED STATES DF 13. NOOTHER WARRANTIES. The foregoing warranties are inlieu of all other warranties, either express of implied, including but not limited toimplied warranties ofmerchantability and fitness fora particular purpose, with respect to the SOFTWARE, the accompanying written materials, and other media. Due to the myriad factors that impact the outcomes of EEO -related litigation, BCG does not guarantee that the work done by its employees or officers or its products will bear successful outcomes inaudits prlitigation. B[Gwill atall times operate inaprofessional manner toprovide the highest quality of service possible. No other warranty or representation, either expressed or implied, is included in the work prepared by BCG or its products. The parties agree that the aggregate liability of the BCG and any other persons or entities arising from performance of this Agreement on account of any and all injury or damage to person or property, any defect, error, omission, or professional negligence, including cost of defense and attorney fees, will be limited to a sum not exceeding the contract value. BCG's client or partner hereby releases and agrees to indemnify and hold the Consultant and its employees free and harmless from any such liability and to third parties to the extent that such liability exceeds the annual contract amount. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Biddle Consulting Group, Inc. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, orother pecuniary loss) arising out of the use of or inability to use the SOFTWARE, even if Biddle Consulting Group, Inc has been advised ufthe possibility ofsuch damages. Should there beany questions mmcemirgthixAgreement, mntactBCG at 606Sutter Street, Folsom,