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HomeMy WebLinkAboutR-2006-151 Public Safety Testing, Inc. AgreementRESOLUTION NO. R 2006 - 151 A RESOLUTION authorizing the City Manager to execute a professional services agreement with Public Safety Testing Inc. for advertising and testing services related to the hiring of entry level and lateral police officers. WHEREAS, the City of Yakima has a large number of openings for police officer positions and desires to have the largest and most qualified applicant pool possible; and WHEREAS, Public Safety Testing Inc. has experience advertising for and providing region -wide written and physical agility testing for police officers; and WHEREAS, Public Safety Testing Inc. is willing to provide such services for a period of three years for a fee of $7,000 per year in accordance with the attached subscriber agreement; and WHEREAS, the Police Civil Service Commission considered the services offered by Public Safety Testing Inc. and made rule changes to enable the City to contract with Public Safety Testing Inc. for such services; and WHEREAS, the City Council finds that it would be in the best interest of the City of Yakima to contract with Public Safety Testing Inc. for advertising and testing of entry level and lateral police officers, now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is authorized to execute the attached and incorporated "Public Safety Testing Inc. Subscriber Agreement" with Public Safety Testing Inc. for advertising and testing services related the hiring of entry level and lateral police officers. ADOPTED BY THE CITY COUNCIL this 1gay of October, 200 ATTEST: David Edler, Mayor Public Safety Testing SUBSCRIBER AGREEMENT WHEREAS, Public Safety Testing, Inc. is a skilled provider of 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 non-exclusive subscriber agreement, NOW, THEREFORE, Public Safety Testing, Inc. (the "Contractor") and the City of Yakima, a municipal corporation of the state of Washington (hereinafter "Subscriber") do enter into this nonexclusive Subscriber Agreement under the terms and conditions set forth herein. 1. Description of Basic Services. This Agreement begins October 1, 2006. The Contractor will provide the following services to the Subscriber, on its request: 1.1 Advertise for, process applications for, and administer written and physical ability examinations for (check all that apply): El Entry-level Police Officer personnel Q Lateral Police Officer personnel 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. 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 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. 1.4 The Subscriber elects (select one): 0 A one-year subscription at a fixed rate of $7,500. A three-year subscription at an annual fixed rate of $7,000. 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. 2. Additional Services. At the request of the Subscriber, Contractor may provide the following types of services: 2.1 Submission to the Contractor of additional requests for applicant testing with respect to any given eligibility list or any other task under the provisions of this paragraph shall be at the sole discretion of the Subscriber. This is a non- exclusive agreement and the Subscriber may continue at its discretion to conduct entry level testing in addition to the services provided by the Contractor, and may, in addition, contract with any other entity for services during the initial one-year term of this Agreement. If the Subscriber elects to utilize the Contractor for a three-year subscription, he/she may terminate this Agreement in years two and three and contract for additional services in accordance with the provisions of paragraph 12 below. 2.2 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 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. Subscriber Agreement - Renewal Page 2 of 7 Public Safety Testing, Inc. City of Yakima September 2006 3.2 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 applicants name shall be removed from Subscriber's eligibility list. 3.3 The Subscriber specifically understands and acknowledges that the Contractor may charge a reasonable application fee from any and all applicants. 3.4 The Subscriber 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. 3.5 The Subscriber agrees to actively participate in recruiting efforts for positions within the Subscriber agency. 3.6 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; federal and state laws prohibiting discrimination; other applicable statutes and regulations; and rules 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. Subscriber Agreement - Renewal Page 3 of 7 Public Safety Testing, Inc. City of Yakima September 2006 5. Independent Contractor. The Contractor and the Subscriber understand and expressly agree that Contractor is an independent contractor in the perfommance of each and every part of this Agreement. Contractor, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the work/services required under this Agreement. Additionally, and as an independent contractor, Contractor and its employees shall make no claim of Subscriber employment nor shall claim against the Subscriber any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between Contractor and the City. 6. Indemnity and Hold Harmless. 6.1 The Contractor shall protect, defend, indemnify, exonerate, and hold harmless the Subscriber, its elected officials, officers, employees and agents from any and all costs, demands, losses, liens, liabilities, penalties, fines, lawsuits, claims, judgments, awards and expenses (including attorneys' fees) or other liability arising from: 6.1.1 Violation of any copyright agreement, statute, and/or regulation relating to the use and administration of written tests or other written materials herein provided for; 6.1.2 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. 6.2 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. 6.3 Nothing herein shall be interpreted to require the Contractor to indemnify the Subscriber, its officers, agents and employees as described above ("indemnities") from claim, Toss or liability arising from the tortious conduct or negligence of the indemnities. In the event of the concurrent or comparative negligence of the parties, their respective liability shall be determined in accordance with the laws of the State of Washington. Subscriber Agreement - Renewal Page 4 of 7 Public Safety Testing, Inc. City of Yakima September 2006 7. Commercial Liability Insurance. Before this Agreement is fully executed by the parties, Contractor shall provide Subscriber with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined with single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent.) The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 8. No Conflict of Interest. Contractor represents that it and its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Contractor further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 9. Non -Waiver. The waiver of either the Subscriber or Contractor of the breach of any provision of this Agreement by the other party shall not operate and/or be construed as a wavier of any subsequent breach by either party or prevent either party thereafter enforcing such provision. 10. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 11. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 12. Termination. This Agreement terminates on the last day of September, 200 J . The Contractor and the Subscriber may withdraw from this Agreement at any time for any reason with 45 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. Provided further that in the event either party elects to terminate this agreement, prior to its expiration, any amounts paid by the Subscriber shall be pro -rated and reimbursed to the Subscriber, accordingly, within 60 days of termination of this Agreement. Subscriber Agreement - Renewal Page 5 of 7 Public Safety Testing, Inc. City of Yakima September 2006 13. Taxes and Assessments. Contractor shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event Subscriber is assessed a tax or assessment as a result of this Agreement, Subscriber shall pay the same before it becomes due. 14. Nondiscrimination Provision. During the performance of this Agreement, Contractor shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical disability. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 15. No Insurance. It is understood that Subscriber does not maintain liability insurance for Contractor and/or its employees, agents, officers, and subcontractors. 16. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 17. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 18. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO SUBSCRIBER: Carol Maples Chief Civil Service Examiner City of Yakima 129 N. 2nd St. Yakima, WA 98901 TO CONTRACTOR: Jon F. Walters, President Public Safety Testing, Inc. 20818 — 44th Ave W, Suite 160 Lynnwood, WA 98036 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. Subscriber Agreement - Renewal Page 6 of 7 Public Safety Testing, Inc. City of Yakima September 2006 19. 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. Pe This Agreement is dated this day of idoc-leyryApq� , 20 O . CITY OF YAKIMA, WA By: Print: Its: R. A. Zais, Jr. City Manager CITY CONTRAC r NO: RESOLUTION NO: i5 ,©vb is By: PUBLIC SAFETY T' S ING, INC. Print: Jon F. Walters, Jr. Its: President Subscriber Agreement - Renewal Page 7 of 7 Public Safety Testing, Inc. City of Yakima September 2006 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. iJ For Meeting of Oct.17, 2006 Consideration of a Resolution authorizing execution of a contract with Public Safety Testing Inc. to continue to conduct entry level and lateral entry Police Officer testing for the Police Department. SUBMITTED BY: Chief Granato, Police Department CONTACT PERSON/TELEPHONE: Capt. Jeff Schneider - 575-6151 Carol Maples — 576-6619 SUMMARY EXPLANATION: The Police Department desires to amend the contract with Public Safety Testing Inc. to conduct testing for both entry level and lateral entry police officers. The amendment would extend the term of the contract three years, during which Public Safety Testing Inc. will charge the City $7,000 per year for testing services. Their services include online applications and frequent regional written and physical ability testing for applicants. They also provide recruiting and advertising services. Over 85 Washington State police agencies already contract with Public Safety Testing Inc. to provide these services. The Police Civil Service Commission has already approved rule changes to allow continuous testing of police applicants by Public Safety Testing Inc. Because of the Targe number of police officer vacancies the Police Department continues to need increased exposure and region wide testing to compete with other police agencies to fill vacant positions. Public Safety Testing Inc. has been doing this testing for YPD for the last year and it has resulted in a large number of qualified police applicants. Resolution X Ordinance Contract X Other (Specify) Funding Source General Fund (continuing expense) APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: It is recommended that the Council pass the resolution to authorize the City Manager to execute a contract amendment with Public Safety Testing Inc. for continuous police testing. BOARD/COMMISSION RECOMMENDATION: This issue will go before the Civil Service Commission on October 16, 2006. The Commission's recommendation will be available for the October 17, 2006 Council Meeting. COUNCIL ACTION: Resolution adopted. RESOLUTION R-2006-152