Loading...
11-C Wollack Testing ServiceDRAFT F:ALICE�RFSWORK\CURRENT\Wollack Tesring Service Agreement Res May 18, 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 ENTRY LEVEL EXAMINATIONS 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 entry level process for the hiring 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 entry level 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 entry level process for the hiring of City of Paris police and firefighter personnel; and, WHEREAS, the aforesaid Wollack Testing Service has revised its means of providing entry level examination services, including the requirement for a Testing Agreement by and between Wollack Testing Service and those entities to which it provides entry level examination services; and, WHEREAS, the City of Paris desires to continue receiving Civil Service entry level examination services from Wollack Testing Service; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COLTNCIL 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 entry level 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 24"' day of May, 2004. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney Wollack Testing Service TESTING AGREEMENT I. PurposeofAgreement The purpose of tl�is Apreament is to mainfaln fhe sewAty of all Wollack Testing Service (WTS) testlng matarials and to provfde a wnVactual basfs fw their or use. WTS' examinations must be used in accordance with the policies and procedures sat forlh In this Agreement, as well as withfn the curtentTest Cafalogue which Is incorpo2ted by reference into this Agreement II. Terms and Conditions The tollowing tertns and conditlons pertain W the use of ail WTS testing materiais: A. The IndlNdual who signs th(s Agreement accepts, an behalf of the Agenq, tha responslbflity of complytng with tha terms and conditlons specifled herein, which are binding upon all employees of sueh Agency. B.. No olfidal or employee of ihe Agency will loan, give, seii, show, or otharwlse make available any WiS les8ng matertal to any person who is not an employae oF the f�ency. C. Test materials obfained from WTS wfii be used only for the official purposes of the Ageney for for testlng wndidates for promotlon. Under no dreumstances vAll WiS materlals be made available tor purposes of study, eopying, pho0ographing, or other Tortn of reproductlon, or for publicaBon. All WfS testlng maferlats in the possession of the Agency wili ba handled and stored In a manner that wlll pravent unauthoAzed persons from having access to them. D. All V✓i5 examinatlons are trade secrets and are, theretora, not subject to public disdosure. E. The above-referenced Test Catalogue specifies the pertod of notice requirad for ordeAng examinatlons. Should expedited delivery ba required, bequse insufficfent nodce was given by Agenq in placing a test order, Uiis Agreement authorizes WiS to ship all such test matarials by United Parcet Servfce Nexl-Day Air or Second-Day Air to ensure delivery. l�ency fs responsible for all costs of such expedited dalivery. . III. Payment A Testlng costs are based upon the infortna8on provided by Agenq In the CeNficate of Test Usage and are calcutated in a�ordance with the fee schedulas published within the artent Tast Catalogue. 8. Ali Invoices must be paid by ABency within 45 days of their data of Issuanca. C. Within flve (5) days of the tesl adminfstratlon date, Aeency must submit to VY�S a eompteted CertlBcate of Test Usage indicatlng Nie number of candidates tested. Such ceNfication may be transmitted� by fax or letter. IV. Terminatlon of Agreement WTS refalns the Aght to tertninate this Agreement and wltlihoid and recall all its test materiats N it betieves tlie tertns and condftlons of this Agreement are being or have been violated. V. Cancellation of Requast tor Servlees . In the event that the Agency flnds it necessary to cancel a test ordar, the Agency shall pay ihe minlmum charges apedfied In tlie curtent fee schedule for the examinatlon materfats that have been requested. This provision pertalns only W completed test orders In which examinatlon materlals have already been preparad by WTS. VI. LlmiWtions and Exeluslons . Nothing contained in lhis Agraement nor in matertals provided by WTS shall ba Interprated as representlng or warrantlng, direetly ar indirectly, fhat 1he validity or use of axamfnatlo�s provided by N/fS wfll be sustained 6y any court or govemmenfal agency, and the Agency agrees that WfS shall in no way be responsibla for such litlgatlon a adminlstrative raview or Itabla kr U�a consequencas thereof. EXHIBIT A, VII. Parties tolhe Apreemant The paNes tn thls Testlng Agreement are Wollaek Testlng SeMce end fhe pubife egency named below (hereln referted to as '�ency"). On behalf of the below-named Agency, I accept this agreement and assure compifance with ifs terms and conditlons: �.ty of Paris,..P�ris, Tesas Name P. o.Boa 9037 Address paris T% 75461-9037 C�b State Zip Code Email address 9( 03 � 785-7511 9� 03 � 785-8519 Telephone number Fax number Terry Townsend Name of Signer (please print or type) , Signature Interim City Manager May , 2004 THIS AGREEMENT MAY BE SUBMITTED BY FAX OR U.S. MAIL.