12-I Wollack Testing Service
DRAFT
F:ALICEIRESWORKICURRENTI Wallack Testing Service Agreement Res
April 29, 2004
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AN AGREEMENT WITH WOLLACK
TESTING SERVICE FOR THE USE OF PROMOTIONAL EXAMINA TIONS
FOR POLICE AND FIREFIGHTER PERSONNEL PURSUANT TO THE
CIVIL SERVICE ACT; AUTHORIZING THE INTERIM CITY MANAGER
TO EXECUTE SAID AGREEMENT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, Chapter 143 of the Local Government Code, the Civil Service Act, specifies
requirements for examinations incident to the promotion of police and firefighter personnel subject
to said act; and,
WHEREAS, police and firefighter personnel of the City of Paris are subject to the Civil
Service Act; and,
WHEREAS, as a consequence, the City of Paris utilizes competitive examinations as part
of the promotional process for police and firefighter Civil Service personnel; and,
WHEREAS, Wollack and Associates, Inc. now doing business as Wollack Testing
Service, has in the past provided appropriate competitive examinations for use in the promotional
process for City of Paris police and firefighter personnel; and,
WHEREAS, the aforesaid Wollack Testing Service has revised its means of providing
examination services, including the requirement for a Testing Agreement by and between Wollack
Testing Service and those entities to which it provides examination services; and,
WHEREAS, the City of Paris desires to continue receiving Civil Service examination
services from Wollack Testing Service; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That a Testing Agreement by and between the City of Paris and Wollack
Testing Service for Civil Service promotional examination services for City of Paris police and
firefighter Civil Service personnel, a copy of which is attached hereto and for all purposes
incorporated herein as Exhibit A, be, and the same is hereby approved, and the Interim City
Manager is hereby authorized to execute and the City Clerk to attest to said Agreement on behalf
of the City of Paris.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 10th day of May, 2004.
Curtis Fendley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
Wallack Testing Service
TESTING AGREEMENT
Purpose of Agreement
The purpose ofll1ls Agreement Is to maintain lI1e security of all Wollack Testing Service (WTS) testing matorials and to provide a
contractual basis for lI1elr or use. WTS' examinations must be used In accordance will1 lI1e policies and procedures set forth In 1I11s
Agreemen~ es well as will1ln the current Test Catalogue which Is Incorporated by reference Into 1I11s Agreement
II.
Terms and Conditions
The following terms and conditions pertain to the use of all WTS testing materials:
Po. The Individual who signs 1I11s Agreement accepts, on behalf of lI1e Agency, lI1e responsibility of complying will1 the terms
end conditions specified herein. which are binding upon all employees of such Agency.
B.. No official or employee of lI1e Agency will loan, give. sell. show, or oll1erwlse make available any WTS testing material
to any person who Is not en employee of lI1e Agency.
C. Test materials obtained from WTS will be used only for the official purposes of lI1e Agency for for testing candidates for
promotion. Under no circumstances will WTS materials be made available for purposes of study, copying, photographing,
or oll1er form of reproduction, or for publication. All WTS testing materials In lI1e possession of lI1e Agency will be handied
and stored In a manner tI1at will prevent unauthorized persons from having access to them.
D. All WTS examinations are trade secrets and are, lI1erefore, not subject to public disclosure.
E. The abov.....eferenced Test Catalogue specifies lI1e period of notice required for ordering examinations. Should
expedited delivery be required. because Insufficient notice was given by Agency In placing a test order, lI1is Agreement
authorizes WTS to ship all such test materials by United Parcel Service Next-Day AIr or Second-Day AIr to ensure
delivery. Agency Is responsible for all costs of such expedited delivery.
III. Payment
Po. Testing costs are based upon lI1elnformation provided by Agency In lI1e Certificate of Test Usage and are calculated In
accordance with lI1e fee schedules published will1ln the current Test Catalogue.
B. All Invoices must be paid by Agency within 45 days of lI1elr date of Issuance.
C. WllI1ln five (5) days of lI1e tost edmlnlstration date. Agency must submit to WTS a completed Certificate of Test Usage
Indicating lI1e number of candidates tested. Such certification may be transmitted. by fax or letter.
IV. Termination of Agreement
WTS retains lI1e right to terminato this Agreement and will1hold and recall all Its test materials If It believes lI1e terms and conditions
of 1I11s Agreement are being or have been violated.
V. Caneollatlon of Request for Services
In the event that the Agency finds It necessary to cancel a test order, the Agency shall pay lI1e minimum charges specified In lI1e
current fee schedule for lI1e examination matorials lI1at have been requested. This provision pertains only to completed test orders In
which examlnaUon materials have already been prepared by WTS.
VI. Limitations and Exclusions
Noll1lng contained In 1I11s Agreement nor In matorials provided by WTS shall belntorpreted as representing or warranting. directly
or IndlrecUy. that lI1e validity or use of examinations provided by WTS will be sustained by any court or govemmental agency. and lI1e
Agency agrees that WTS shall In no way be responsible for such litigation or administrative review or liable for lI1e consequences lI1ereof.
. EXHIBIT .A..
VII. Parties to the Agreement
The parties to this Testing Agreement are Wollack Testing Servleo and lI1e public agency named below (herein referred to as
"Agency"). On behalf of lI1e below-named Agency, !accept 1I11s agreement and assure compllaneo wlll1 Its terms and conditions:
City of Paris,.Päris, Texas
Agency Name
P. O.Box 9037
Address
Paris
City
C 903}. 785-7511
Telephone number
Terry Townsend
Name of Signer (please print or type)
Interim City Manager
TItie
TX
State
75461-9037
Zip Code
Email address
C903}. 785-8519
Fax number
Signature
May 10, 2004
Date
THIS AGREEMENT MAY BE SUBMITTED BY FAX OR U.S. MAIL.