HomeMy WebLinkAboutCC AG PKT 2008-03-10 #I
AGENDA REPORT
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DATE:
TO:
FROM:
BY:
March 10, 2008
Honorable Mayor and City Council
David Carmany, City Manager
Jeff Kirkpatrick, Chief of Police
Andrew J. Tse, Personnel Manager
SUBJECT: APPROVE AGREEMENT FOR SPECIAL SERVICES
WITH PUBLIC SAFETY TESTING
SUMMARY OF REQUEST:
Staff requests that Council adopt the proposed resolution approving the Agreement
for Services with Public Safety Testing.
BACKGROUND:
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In recent years, it has become increasingly difficult for all public safety agencies
to recruit qualified applicants who can complete the requisite processes to
becoming peace officers. This issue impacts the City of Seal Beach as with all
other public safety agencies.
For example, the City's Personnel Office conducted a written examination for
Police Officer and Reserve Police Officer on November 30, 2007. Twenty
applicants with current POST certification were invited to the examination. Nine
applicants took the exam, 2 applicants received a passing score, and only 1
applicant was eligible for further consideration.
The low turnout and applicant pool quality is due to heavy competition from
public safety agencies throughout the State of California as well as across the
United States, with some agencies offering signing bonuses, bounties, and
moving and reimbursement costs to entice an already shallow pool of applicants.
Public Safety Testing is a professional organization specializing in assisting
public safety agencies in seeking qualified candidate. When applicants apply for
public safety positions through Public Safety Testing, his/her application is
evaluated for the right match against the criteria of all member agencies of Public
Saflilty Testing. The applicants are administered a written exam. Member
agencies are then notified of those who are qualified and a match for the agency.
This service would provide our City's Police Department a wider exposure in the
recruiting process for quality public safety personnel.
Agenda Item I
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FINANCIAL IMPACT:
None. The approximately $3,000 per year fee for these services will be funded
out of the Police Supplemental Law Enforcement Fund (SLEF) grant.
RECOMMENDATION:
That the City Council approve Resolution No.
APPROVED:
= 'i~ 1
David Carmany, CIty Manager
e Attachment:
Resolution
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PuItIlc SaNIy ~
1Wfins
ORIGINAL
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 ancIJor 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 Seal Beach, a
municipal corporation of the state of Califomia (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 February 12, 2008. The
Contractor will provide the following services to the Subscriber, on its request:
1.1 Recruiting assistance, advertising assistance, application processing, and
written and/or physical agility examination administration for (check all that
apply):
o Police Officer -- Entry Level
X Police Officer - Academy Graduate
X Police Officer - LateraVExperienced
X Corrections Officer
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 wlll report "raw" test scores - 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.
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
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company which holds the copyright to any testing material and whose
testimony or appearance is deemed necessary to validate the process.
1.4 During each year of this Agreement, the Contractor agrees to offer and
administer at least four (4) test dates in the Orange County area. Applicants to
the Subscriber's agency may test any time and anywhere the Contractor is
conducting testing.
1.5 The Subscriber elects (select one):
o A one-year subscription at rates set forth In the attached Exhibit A
incorporated by this reference as fully as if herein set forth.
X A two-year subscription at rates set forth in the attached Exhibit A
incorporated by this reference as fully as if herein set forth.
o A three-year subscription at rates set forth in the attached Exhibit A
incorporated by this reference as fully as if herein set forth.
1.6 Pavment. 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, qontract 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 7 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.
Sub.cnberAgreement-SEALBEACH, CA
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Public Safety re.ting, Inc.
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3. Acknowledcements 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 12
months from the date of placement upon the Subscriber's eligibility list. 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.
3.2 An applicant may, In addition to the Subscriber's eligibility list, elect to have
hislher 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.
3.3 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
www.PublicSafetyTesting.com on its agency's website, if it so maintains one.
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3.5 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.
3.6 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.
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4. Testinc Standard and Warranty of Fitness For Use. All testing services conducted
under this Agreement shall be undertaken in accordance with the provisions of
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
Subscriber Agreement - SEAL BEACH, CA
Page 3 of6
Public Safety resting, Inc.
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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.
5. 'ndeoendent 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
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
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.
7. Termination. This Agreement terminates on the last day of February 12, 2010. 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 - SEAL BEACH, CA
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Public Safety resting, Inc.
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8. Entire Acreement. 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.
This Agreement is dated this 11th day of February, 2008.
CITY OF SEAL BEACH, CA
By:
By:
Print:
Print: Jon F. Walters. Jr.
Its:
Its: President
Contact:
Jon Walters
Address:
20818-44\hAve. W.. Suite 160
Lvnnwood. WA 98036
City/State:
Telephone:
425.776.9615
SubscriberAgreement-SEALBEACH. CA
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Public Safety resting, Inc.
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EXHIBIT A
'#S' . " .'. . - .'. -.... ,,,,,.. " "..
~\.: worn ,',/::,,'~':.ll'" "...." ".' ....:~<,'.......'.~...~oj{~f.~.....-.. "', ,",'
. . ......,.. . ..' A"-"" I'F".... ' .' ... ,.. '. .
, .., . .... , .+ .f:....,. ...~u';'.....s). ::',. ,,, ". nnUB ee '.' :"(',':.. \ . ;. ~.
. 'FTE's .\ ,\~'.' ~.l. j'.' ~.-";'J " ','...J' I' "'. '-f.... """'>J1P~ ~'~. ~', .I ::." ,J.
'. l . ",-,,'- -or. ;,.,,'..;....~. . ." ..f..~.- ...:."....,..l,:.~~ ,":~<l-I' ).' '._, '. "
1-25
26-50
51 - 100
101 - 250
251 - 500
501 - 1,000
1,001 -1,500
1,501 - 2,000
2 001 +
# Sworn FTE's+:
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An agency that signs this Agreement prior to March 1, 2008, will receive a 10%
reduction of the annual fee each year for the term of the Agreement.
Corrections Officer Testino
For Corrections Officer testing, the annual fee is based on the above matrix, minus
25%. For example, if the Subscriber had an authorized corrections staff of 30, the
annual fee would be $2,250 ($3,000 - $750 [25%]).
# Corrections FTE's (including supervisors/managers)
e · I "Sworn FTE's. constitute all commissioned officers with enforcement authority, Including the Chlef/Shetiff
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Public Safety resting, Inc.
Subscriber Agreement - SEAL BEACH, CA
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RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH APPROVING THE AGREEMENT FOR SPECIAL
SERVICES BETWEEN THE CITY OF SEAL BEACH AND
PUBLIC SAFETY TESTING
WHEREAS, public agencies are In competition with each other to recruit the
most qualified public safety pBtsonnel; and
WHEREAS, It has become Increasingly difficult for all public safety agencies to
recruit qualified epplicants that can complete the requisite processes to
becoming peace officers; and
WHEREAS, applicant pools are smaller due to heavy competition from public
safety agencies throughout the State of California as well as across the
United Slates; and
WHEREAS, Public Safety Testing represents It Is a professional organization
specializing in assisting public safety agencies In seeking qualified
candidates; and
WHEREAS, this service would provide our City's Police Department a wider
exposure In the recruiting process for qUality public safety personnel.
NOW, THEREFORE, the City Council of the City of Seal Beach hereby resolves:
Section 1. 111e agreement for special servtces Is heteby approved, and the
City Manager is hereby authorized to execute the agreement.
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Section 2. Except as provided for in Section 1, there are no other corrections,
changes or amendments.
PASSED, APPROVED, AND ADOPTED by the City Counc" of the City of Seal
Beach on the 10th day of March . 2008 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
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City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do heteby certify that the
foregoing resolution is the original copy of Resolution Number on file In
the office of the City Clerk. passed, approved, and adopted by the City Council of
the City of Seal Beach, at a regular meeting thereof held on the 10th day of
March. 2008.
City Clerk