Public Safety Testing Inc. 2/22/2021

The Parties agree and acknowledge that the Service Provider will utilize test questions, scoring keys,and other examination data to administer the promotional examination services(herein"Test Materials"). The Service Provider considers these Test Materials confidential and exempt from disclosure under the provisions of RCW 42.56.250(1). If the City requires Test Materials from the Service Provider for public disclosure under the Act, the Service Provider provide such Test Materials to the City and will clearly mark the portions of the Test Materials that Service Provider considers exempt from disclosure under the Act before providing them to the City. The City has no obligation under this Agreement to withhold from disclosure any Test Materials and has no obligation under this Agreement to take any particular position before any Court or elsewhere regarding whether Test Materials are exempt under the Act or not. However,if the City determines to disclose Test Materials marked by Service Provider as exempt, then the City will so notify the Service Provider in writing at least ten working days before disclosure. In such a situation,Service Provider's sole remedy is to seek an injunction from the Snohomish County Superior Court to prevent disclosure. If the Service Provider for any reason fails to obtain such an injunction, the City may disclose such Test Materials 17. Compliance with Grant Terms and Conditions. Service Provider shall comply with any and all conditions,terms and requirements of any federal,state or other grant that wholly or partially funds Service Provider's work hereunder. • 18. Waiver. Any waiver by Service Provider or the City or the breach of any provision of this Agreement by the other party will not operate,or be construed,as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provisions. 19. Complete Agreement. This Agreement contains the complete and integrated understanding and Agreement between the parties and supersedes any understanding,Agreement or negotiation whether oral or written not set forth herein. 20. Equal Employment Opportunity. Service Provider shall not discriminate against any employee, applicant for employment,or other person,on the basis of race,color,religion,sex,age,disability,marital state,or national origin or other circumstance prohibited by applicable federal,state,or local law or ordinance. Contractor shall comply with and shall not violate any applicable provisions of Chapter 49.60 RCW,Title VI of the Civil Rights Act of 1964,and all applicable federal,state, or local law or ordinance regarding non-discrimination. 21. Modification of Agreement. This Agreement may be modified as provided in paragraph 6,or by a writing explicitly identified as a modification of this Agreement that is signed by authorized representatives of the City and Service Provider. 22. Severability. If any part of this Agreement is found to be in conflict with applicable laws,such part shall be inoperative,null and void,insofar as it is in conflict with said laws,the remainder of the Agreement shall remain in full force and effect. 23. Notices. A. Notices to the City of Everett shall be sent to the following address: City of Everett Page 6 Public Safety Testing 2021