HomeMy WebLinkAboutPST Investigations - Specialized Services Agreement1
1' - ti • l
INVESTIGATIONS
SPECIALIZED SERVICES AGREEMENT
WHEREAS PST Investigations is a skilled provider of pre-employment background
investigations, workplace investigations, and other services to public agencies and
political subdivisions, and
WHEREAS the Client agency (the "Client"), either directly or through a civil service
commission, tests, evaluates, ranks, and hires law enforcement officers and/or
corrections officers and/or other public safety positions in the performance of its public
safety functions, and
WHEREAS the Client desires to contract for new or additional services as set forth
herein, NOW, THEREFORE
PST Investigations, a division of Public Safety Testing, Inc., (the "Contractor") and
the City of Pasco, WA (the "Client"), do enter into this Agreement under the terms and
conditions set forth herein.
Commencement Date: July 1, 2021
This Agreement will automatically renew annually unless either party provides a 60 -day
notice as outlined in Section 7. Each annual renewal includes a 3% increase in
professional fees starting January 1, 2024.
1. Description of Basic Services:
The Contractor will provide or coordinate independent service providers to perform
the following services to the Client, on its request and at its direction [initial next
kito service(s) desired:
.1 Background Investigation and Report: This service is described in the
attached Exhibit A, incorporated by this reference as fully as if herein set
forth.
1.2 EyeDePre-Employment Lie Detection/Truth Verification Test: The
Co actor will conduct a pre-employment lie detection/truth verification test
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using EyeDetect and provide results as part of the normal background
investigation process.
1.31`` Polygraph Examinati acrid Report: The Contractor will ate an
71
independent ser=f provider and certified polygr examiner with
experience in e -employment testing of law enforc ent, corrections, and
other publ' safety candidates to conduct the earrination. The Independent
service rovider will provide results directly' the Client.
1.4 The Client ❑ does oes not require the candidate to submit a financial
credit report as part of his/her background investigation.
1.5 The estimated annual salary (plus anticipated overtime, but without
benefits) for this position is: ❑ below $75,000 Rbove $75,000
1.6 For each background investigation, the Client requests the following (unless
otherwise noted, most entry-level background investigations' reference
interviews will be conducted via telephone):
(check all that apply)
❑ Onsite visit to current employer
❑ Personal visit to the candidate's home; interview spouse/significant
other/roommates, etc.
❑ Personal visit to the candidate's neighborhood; interview neighbors, etc.
❑ Other(describe):
❑ Other(describe):
❑ Other(describe):
2. Professional Fees:
The following professional fees for the Contractor or independent service provider
shall apply:
2.1 Background Investigation and Reporting
a) Records/data checks @ $109 per candidate. Records/data checks for
candidates that reside or have resided outside of the State of
Washington may be higher, depending on the State.
b) Education Verification report @ $35
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c) Investigative, interviews, administrative, and follow-up work at the
following rates:
FPRE-EMPLOYMENT BACKGROUND
INVESTIGATIONS
i202 1
2022
2023
Mini Background
i (PHQ and BI Inc. provided to agency)
$170
$175
$180
Entry-level Candidates
$63.00/hour
$64.90/hour
$66.85/hour
Mid-Manager/Executive-level Candidates
$83.50/hour
$86.00/hour
$88.60/hour
d) Reimbursement for reasonable & necessary expenses related to travel,
lodging, etc.: Out of state travel will require prior approval from the
Client.
2.1.1. Under the Fair Credit Reporting Act, applicants are entitled to dispute
any item's completeness or accuracy in their file. If this occurs, the
Contractor will conduct a reasonable reinvestigation at no charge to the
Client if the Contractor initially reported the disputed information.
2.2 Additional Services
ADDITIONAL SERVICES
__—
2021
Per Candidate
2022
Per Candidate
2023
Per Candidate
EyeDetect Pre -Employment
$135
I $140
$145
Lie Detection Test
$380
$390
Polygraph Examination
$370
Polygraph Examination Re -Test
Following a Pre -Employment Failed
$370
I $380
$390
Examination
_
EyeDetect Pre -Employment Lie Detection Test. Conducted at the
Contractor's office(s). Additional fees may be added for off-site work.
Polygraph Examination. Examination conducted at the Examiner's
Office(s). Additional fees may be added for off-site work.
2.3 The Contractor's actual costs incurred for travel, meals, lodging, parking,
tolls, and other related expenses are additional. Mileage will be charged at
the current federal standard mileage rate per mile. A 4% surcharge is
added to these expenses to cover administrative fees. Washington State
sales tax is NOT charged.
Any out of state travel for investigative purposes will require pre -approval
by the Client.
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2.4 The Contractor will invoice the Client following completion of described
services on behalf of the Contractor or an independent service provider.
The Client will make payment within 30 days of receipt of the invoice.
2.4.1 Direct Deposit (ACH Enrollment). Clients are encouraged to set up
direct deposit (ACH enrollment) for their payments. There will be no
additional fee for payments made using direct deposit (ACH enrollment).
2.4.2 Credit Card. A three percent (3%) fee will be added at the time of
payment to each payment made using a credit card. The purpose of such a
fee is to cover the Contractor's credit card processing fees.
3. Warranties and Reservations:
3.1 Each service provided pursuant to this Agreement shall be conducted and
provided in accordance with generally accepted practice in the relevant
industry. The Contractor shall comply with state and federal statutes. No
other warranty, express or implied, is provided by the Contractor.
3.2 The Contractor shall maintain complete written records of its files pertaining
to candidates for two years following the background check, in accordance
with the Fair Credit Reporting Act statute of limitations. The Contractor
expressly agrees and warrants that the Contractor has acquired all tests
and written materials utilized 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.
3.3 The Contractor retains a right of co -ownership to its work product produced
under this contract, including the right to use, reuse or resell all or any
portion of the materials, reports, and information gathered during the
investigation.
3.3.1 If the Client requests a background investigation within 60 days of
completion of a background investigation for another agency of the same
candidate, the Client agency will receive a 25% discount for the
investigation report. The report itself may require updating based on the
Client's needs.
3.3.1.1 If the Client requests additional work beyond the original
background investigation, such additional work and related
expenses will be charged directly to the Client.
3.3.2 If another agency requests a background investigation within 60
days of completing a background investigation of the same candidate
conducted for the Client, the Client will receive a 25% rebate or credit.
3.3.3 If an agency requests a background investigation on a candidate with
an investigation currently in progress with the Contractor for another
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agency, the Contractor will complete the background investigation for the
original requesting agency. Two (2) weeks after the report is submitted to
the original requesting agency, the report will be sent to the second agency.
4. Certifications:
4.1 Consumer Reports: The Client is aware that the Fair Credit Reporting Act
applies to background checks conducted by third -party investigators.
Therefore, in accordance with the Fair Credit Reporting Act, the Client
makes the following certifications to the Contractor:
4.1.1. The Client certifies that it seeks the information contained in the
background check provided by the Contractor for employment purposes.
4.1.2. The Client further certifies that the Client will not use the background
check for any purpose except for employment purposes.
4.1.3. The Client also certifies that before taking an adverse action based
in whole or in part on the background check, the Client shall provide to the
candidate a copy of the background check report and a description in writing
of the rights of the candidate under the Fair Credit Reporting Act, as written
by the Federal Trade Commission. The Contractor will provide a copy of the
candidate's rights under the Fair Credit Reporting Act at the time the
background check is provided to the Client.
4.1.4. The Client is further required to certify that prior to procuring a
background check from Contractor, the Client will (a) make a clear and
conspicuous disclosure in writing to the candidate for employment, in a
document that consists solely of the disclosure, that a consumer report may
be obtained for employment purposes; and (b) obtain from the candidate
for employment an authorization in writing that the Client may procure a
background check. However, the Contractor shall act as the Client's agent
to make this disclosure and obtain the candidate's authorization. Both the
disclosure and authorization will be made and obtained during the
candidate's application process with the Contractor.
4.2 Investigative Consumer Reports: The Client is aware that an "investigative
consumer report" means a background check in which information on the
candidate's character, general reputation, personal characteristics, or mode
of living is obtained through personal interviews with neighbors, friends, or
associates of the candidate or with others with whom he or she acquires or
who may have knowledge concerning any such items of information. If the
Client has requested such interviews to take place, the Client makes all of
the certifications contained in Section 4.1 above and the following additional
certifications:
4.2.1. The Client certifies that it will comply with Section 606(b) of the Fair
Credit Reporting Act, which provides that the Client shall, upon written
request made by the candidate within a reasonable period of time after the
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receipt of the disclosure made pursuant to Section 4.2.2 below, make a
complete and accurate disclosure of the nature and scope of the
investigation requested. This disclosure must be made in writing, mailed, or
otherwise delivered to the consumer not later than five days after the date
on which the request is received.
4.2.2. The Client is further required to certify that it has clearly and
accurately disclosed to the candidate that an investigative consumer report
including information as to his character, general reputation, personal
characteristics and mode of living, whichever are applicable, may be made
and that such disclosure has been or will be delivered to the candidate not
later than three days after the date on which the report was first requested.
The Client further certifies that the disclosure will include a statement
informing the consumer of his right to request the additional disclosures
provided under Section 606(b) of the Fair Credit Reporting Act. However,
the Contractor shall act as Client's agent for the purposes of making this
disclosure. The disclosure will be made during the candidate's application
process with the Contractor.
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 Client 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 the Client 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 Client 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.
6.1.4 Any claim or charge incurred relating to a charge paid by the Client
pursuant to Section 2.3 of this Agreement.
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6.2 The Client 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 Client or its officers,
agents, or employees in the provision of services hereunder.
6.3 The promises of the Client and Contractor shall include the reasonable cost
of legal defense by counsel chosen by the mutual agreement of the parties
hereto but shall exclude any cost, claim, or liability arising from breach of
this Agreement or the negligent or tortious act of the party seeking
indemnity, its officers, agents and/or employees.
7. Termination: The Contractor and the Client may withdraw from this Agreement at
any time for any reason with 60 -days written notice, provided, however, that the
provisions of paragraphs 3.2 shall remain in full force and effect following the
termination of this Agreement with respect to, and continuing for so long as the
consent of the applicant tested by the Contractor remains in effect.
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.
This Agreement is dated this �2-` day of j V , 2021.
CITY OF PASCO, WA
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Print: 1C,4 (DC'- eQ
Its: <:�n1Cle cora (?oc.«�
Point of Contact:C-^� k)'% �--
Title: C'6 lite (5(-- Yom) C 'A
Address: 1-5 Vt)• S v-Prrc2_
City/State/Zip: �} SCO Wry Q' ?d �
Telephone: 60cl S4 -S
PST VESTIGATIONS
Pup, $ 15TY TESTING, INC.
r
By: July 1 2021
Print: Jon F. Walters, Jr.
Its: President
Greg Wilson
Director of Investigative Services
20818-44 T' Ave W. Suite 160
Lynnwood, WA 98036
425.741.8872 / 425.776.9615
Subscriber's Contact for Billing
(Please complete if different from contact information above)
Contact: Address:
Title: City/State/Zip:
Agency: Telephone:
Email:
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EXHIBIT A
BASIC BACKGROUND INVESTIGATIONS
SCOPE OF WORK
1. PST discusses with department scope of work, important attributes to screen for, etc.
2. Candidate completes Personal History Statement; notarizes signatures; completes a necessary
waiver and notification forms; submits to PST. PST reviews information provided; PHS, etc.
3. PST conducts records/data checks
■ Public Records Check'
■ WA Criminal history conviction information
■ Pending convictions and/or outstanding warrants
■ Federal Court Check
■ Sex Offender Registration
■ Credit Check/Prior Address History
■ SSN Verification
■ Department of Licensing Records (driver's license) (may be submitted by candidate)
4. Personal History Questionnaire (PHQ) completed by the applicant online.
5. One-on-one comprehensive in-person interview with the candidate.
6. For entry-level candidates, telephonic interview of significant references (approx. 6-12 telephonic
interviews). May conduct in-person or onsite interviews as requested by the client agency. Second-tier
references may also be contacted, as necessary.
■ For management/executive and lateral candidates, onsite visits will be conducted. Will visit
current/past agencies; meet with coworkers, supervisors, subordinates, government officials,
citizens, community leaders, etc.
7. Summary Report to the Client
■ Summary of interviews
■ Findings
■ Records check reports
■ Personal History Statement
■ Personal History Questionnaire Report
■ Documents, Certificates
8. PST meets with Client staff — debrief (optional)
CONSIDERATIONS
■ The Client will notify PST of any issues or other areas that they may want to be examined closely
on any candidate.
■ The Client is aware that the Fair Credit Reporting Act (FCRA) applies to background checks conducted
by third -party investigators and that Client must provide a copy of the background check report to a
candidate before taking an adverse employment decision based on the reports/records. Also, as a third -
party investigator, the FCRA prohibits PST from reporting certain adverse information beyond seven (7)
years (for positions with an annual salary under $75,000).
■ PST is a licensed Private Investigative Agency with the State of Washington.
■ PST will contact the Client at any point during a candidate's background investigation when
potentially disqualifying information is obtained. The Client will advise PST on how to proceed at
that point.
■ The Client will provide PST with any relevant information on each candidate, such as a copy of
the Client's employment application completed by the candidate, waivers, special requests, etc.
■ PST personnel have extensive investigation and/or law enforcement investigative experience.
PST investigators are WA licensed unarmed Private Investigators.
' I Client is required to run checks on government databases that Contractor does not have access to, such as
WACIC, NCIC, DOL, etc.
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