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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 Mason County, a political
subdivision of the state of Washington (hereinafter "Subscriber") do enter into this
Subscriber Agreement under the terms and conditions set forth herein.
SUBSCRIBER: Mason County, WA
POSITIONS:
(check all that apply)
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Law Enforcement Officer (entry-level)
Law Enforcement Officer (lateral/experienced)
telCorrections Officer (entry-level)
❑ Corrections Officer (IateraI/experienced)
COMMENCEMENT DATE: October 1, 2015
FEES: Q Law Enforcement Officer written & physical
ability testing @ $2,100 annually
TERMINATION (select one)
El Corrections Officer written & physical ability
testing @ $1,050 annually
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■
This agreement terminates December 31, 2016
This agreement terminates December 31, 2017
This agreement terminates December 31, 2018
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
n ecessary 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
S ubscriber — 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
n ecessary to the Subscriber to evaluate challenges to or appeals from the
testing process. The Contractor shall appear without additional charge The
S ubscriber 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
o r challenge relating to Subscnber's use of other testing process(es) or out of
S ubscriber'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
n oted 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 of 6 Pubic Safety Testing, Inc.
Mason County, WA 2015 2015.01 Form
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 application 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
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.
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, 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
Subscriber Agreement
Page 3 of 6 Public Safety Testing, Inc.
Mason County, WA 2015 2015.01 Form
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
u se 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
o r 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
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
e mployee 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
o r 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.
Subscriber Agreement
Page 4 of 6 Public Safety Testing, Inc.
Mason County, WA 2015 2015.01 Form
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.
7.1 If the Subscriber elects to terminate this Agreement prior to the termination
date specified in section 7, 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 Section 1.4 of this Agreement.
The early termination fee is in addition to any other fees agreed to by this
Agreement.
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.
Cdther
This A reement is dated this : � of , 2015.
g day
MASON COUNTY, WA
By:
Print:
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Its: maineerir
PUBLIC SAFETY TESTING, INC.
By:
•
September 30, 2015
Print: Jon F. Walters, Jr.
Its: President
Contact: k&niy (V±tfftvt L as
Jon Walters
Address: 411 Neat) /iPth 20818 — 44th Ave. W., Suite 160
City/State/Zip: cfreth212 isk Lynnwood, WA 98036
Telephone:. J�, 4'211'7b7D 425.776.9615
Email: gavial (0. mason. w`G. US ' jon@publicsafetytesting.com
Subscriber Agreement
Page 5 of 6 Public Safety Testing, Inc.
Mason County, WA 2015 2015.01 Form
Subscriber's Contact & Address for Billing:
(Please complete if different from contact information above)
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Title: tUYICi'1 e-rCe IArZc�[
Agency: n'l a 5(y) ("nu
Address: 1.
City/State/Zip: 5c11e1 (.11j% 6-1 &'
Telephone: 3L&& 4 t7 — q�
Email: ('t aWv1 f gt-; CZ). t 1QSaY1., L(
Subscriber Agreement
Page 6 of 6 Public Safety Testing, Inc.
Mason County, WA 2015 2015.01 Form