HomeMy WebLinkAboutContract CAG-20-013
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AGREEMENT FOR ENTRY LEVEL ENFORCEMENT OFFICER
WRITTEN AND PHYSICAL ABILITY TESTING
THIS AGREEMENT, dated October 18, 2019, is by and between the City of Renton (the "City"), a
Washington municipal corporation, and Public Safety Testing, Inc. ("Consultant"), a Washington
corporation. The City and the Consultant are referred to collectively in this Agreement as the
"Parties."Once fully executed by the Parties,this Agreement is effective July 1, 2019.
1. Scope of Work: Consultant agrees to provide Law Enforcement Written and Physical
Ability tests as specified in Exhibit A,which is attached and incorporated herein and may
hereinafter be referred to as the "Work."
2. Changes In Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions,deletions or modifications.Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually
agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s)set forth in Exhibit A.All Work shall be performed by no later
than June 30, 2022.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $22,864, plus any applicable state and local sales taxes.
Compensation shall be paid based upon Work actually performed according to the
rate(s)or amounts specified in Exhibit A.The Consultant agrees that any hourly or flat
rate charged by it for its Work shall remain locked at the negotiated rate(s) unless
otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided
herein,the Consultant shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice,
including a description of what Work has been performed.The Consultant shall also
submit a final bill upon completion of all Work. Payment shall be made by the City for
Work performed within thirty (30) calendar days after receipt and approval by the
appropriate City representative of the voucher or invoice. If the Consultant's
performance does not meet the requirements of this Agreement, the Consultant will
correct or modify its performance to comply with the Agreement. The City may
withhold payment for work that does not meet the requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving twenty(20)calendar days' notice to the Consultant in writing. In the
event of such termination or suspension, all finished or unfinished documents,data,
studies, worksheets, models and reports, or other material prepared by the
Consultant pursuant to this Agreement shall be submitted to the City, if any are
required as part of the Work.
B. In the event this Agreement is terminated by the City,the Consultant shall be entitled
to payment for all hours worked to the effective date of termination,less all payments
previously made.If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Riaht To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws.Compliance with professional standards includes,as applicable,performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Consultant further
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represents and warrants that all final work product created for and delivered to the City
pursuant to this Agreement shall be the original work of the Consultant and free from any
intellectual property encumbrance which would restrict the City from using the work
product. Consultant grants to the City a non-exclusive, perpetual right and license to use,
reproduce, distribute, adapt, modify, and display all final work product produced
pursuant to this Agreement. The City's or other's adaptation, modification or use of the
final work products other than for the purposes of this Agreement shall be without
liability to the Consultant. Preexisting materials owned by or licensed to the Consultant
and used in the provision of services to the City, including but not limited to,examination
questions and content shall remain property of the Consultant. The provisions of this
section shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act,Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings,photos,or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys'fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order.The provisions of this section
shall survive the expiration or termination of this Agreement.
The Parties agree and acknowledge that the Consultant will utilize test questions,scoring
keys and other examination data to administer the employment examination services
(Herein "Test Materials"). The Consultant considers these Test Materials confidential and
exempt from disclosure under the provisions of RCW 42.56.250(1). If the City requests
Test Materials from the Consultant, the Consultant will clearly mark the Test Materials
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before providing them to the City. If the City receives a public records request for the
Test Materials,it may notify the Consultant of its intent to release Test Materials,and the
Consultant may seek a protective order.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement.The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee.The Consultant,not the City,shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program,or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant's failure to do so.
10. Hold Harmless:The Consultant agrees to release, indemnify, defend, and hold harmless
the City,elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney's or attorneys'fees,costs, and/or litigation expenses to or
by any and all persons or entities,arising from,resulting from,or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant,except for that portion of the claims caused by
the City's sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
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construction,alteration,improvement,etc.,of structure or improvement attached to real
estate...)then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant's
liability shall be only to the extent of Consultant's negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant's waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law,the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant's performance of the Work.
12. Cite of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cros/One.aspx?portalld=7922741&pageld=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-mv-business
13. Insurance:Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
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C. Workers'compensation coverage, as required by the Industrial Insurance laws of the
State of Washington,shall also be secured.
D. Commercial Automobile Liability for owned,leased,hired or non-owned,leased,hired
or non-owned, with minimum limits of$1,000,000 per occurrence combined single
limit, if there will be any use of Consultant's vehicles on the City's Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis.The City's insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City's
recourse to any remedy available at law or in equity.
F. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements,shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation,within
two(2)business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant's reasonable control. When such delays beyond the Consultant's reasonable
control occur,the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below(as modified in writing from time
to time by such party),and given personally,by registered or certified mail,return receipt
requested,by facsimile or by nationally recognized overnight courier service.Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement,but should not be used to give any formal notice required by the Agreement.
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CITY OF RENTON CONSULTANT
Brian Sandler Jon Walters
1055 South Grady Way 20818-44th Ave W, Suite 160
Renton,WA 98057 Lynnwood,WA 98036
Phone: (425)430-7660 Phone: (425)766-9615
bsandler@rentonwa.gov Jon@Public SafetyTesting.com
Fax:(425)430-7665 Fax:425.776.0165
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification,the Consultant agrees as follows:
A. Consultant, and Consultant's agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal,state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964,and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous:The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
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B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs,sub-contracts,or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing,or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities,so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker's Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City's project manager is Brian
Sandler. In providing Work, Consultant shall coordinate with the City's contract
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced,the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
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E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant's employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort.This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue.Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County,Washington,or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement,which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to"completion dates set
forth in the description of the Work is essential to the Consultant's performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties,and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves,their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
0
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M. Waivers.All waivers shall be in writing and signed by the waiving party. Either party's
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts,each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF,the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON CONS LT T
4)-\
By: ' ' ( By:
Ellen Bradley-Mak J Walters
I-IRRM Administrator resident
Date Date
Approved as to Legal Form
Shane Moloney
Renton City Attorney
Contract Template Updated 08/22/2018
PAGE 10 OF 10
Public
Testing
Attachment A
SUBSCRIBER AGREEMENT
SUBSCRIBER: City of Renton, WA
POSITIONS: Law Enforcement Officer written &physical ability testing:
• Check all that apply Q Law Enforcement Officer(entry-level)
0 Law Enforcement Officer(lateral/experienced)
COMMENCEMENT DATE: July 1, 2019
TERM & PROFESSIONAL FEES: Three-year agreement at the following:
7/1/2019—6/30/2020 at$6,428 annually
7/1/2020—6/30/2021 at$6,620 annually
7/1/2021 —6/30/2022 at$6,816 annually
AGENCY ADD-ON COUPONS ❑ Agency Add-On Coupons for Renton recruiters to offer Renton
• Check to request candidates at test sites (invoiced at $10 per coupon used)
TERMINATION: This agreement terminates June 30, 2022
REMOTE TESTING 0 SUBSCRIBER authorizes candidates who reside outside of the
(OUT OF REGION TESTING) Pacific Northwest to take the written examination in the region
• Select one where they reside through a network of college testing
facilities. 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.
0 SUBSCRIBER does not authorize remote 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.
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 old Public Safety Testing,Inc.
City of Renton, WA 2019 Attachment A 2019.02 Form
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.
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.
Subscriber Agreement Page 3 of 4 Public Safely Testing,Inc.
City of Renton, WA 2019 Attachment A 2019.02 Form
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.
Subscriber Agreement Page 4 of 4 Public Safety Testing,Inc.
City of Renton, WA 2019 Attachment A 2019.02 Form