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HomeMy WebLinkAbout09-186 - Public Safety Testing - Pre-Employment Background InvestigationsWHEREAS, Public Safety Testing, Inc. is a skilled provider of pre employment testing and other services to law enforcement, fire and other public safety agencies, and WHEREAS, the Client public agency "Client either directly or through a civil service commission, tests, evaluates, ranks and hires law enforcement officers, firefighters 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 Public Safety Testing, Inc., (the "Contractor and the City of Tukwila, a municipal corporation of the state of Washington (the "Client do enter into this nonexclusive Client Agreement under the terms and conditions set forth herein. 1. Description of Basic Services. The Contractor will provide the following services to the Client, on its request and at its direction [initial next to service(s) desired]: 72 1.1 Public Safety Testing SPECIALIZED SERVICES AGREEMENT 09 -186 Council Approval N/A Background Investigation and Report. This service is described on the attached Exhibit A, incorporated by this reference as fully as if herein set forth. Polygraph Examination and Report. A certified polygraph examiner with experience in pre employment testing of law enforcement, corrections and other public safety candidates will conduct examination. Pre -Job Offer Suitability Assessment and Report. A licensed psychologist with experience in pre employment testing of law enforcement, corrections, firefighter, and other public safety candidates will conduct an assessment of normal personality traits related to the specific job. 7/.4 Post -Job Offer Psychological Evaluation and Report. A licensed psychologist with experience in pre employment testing of law enforcement, corrections, firefighter, and other public safety candidates will conduct psychological evaluation related to the specific job. 1.5 (checkone)The Client does 1 does not require the candidate to submit a financial credit report as part of his /her background investigation. Specialized Services Agreement Page 1 of 5 Public Safety Testing, Inc City of Tukwila, WA September 2009 J o..;), oas l2 2. Professional Fees. The following professional fees shall apply: 2.1 Background Investigation and Reporting See attached Exhibit A 2.2 Polygraph Examination $165 per candidate 2.3 Pre -Job Offer Suitability Assessment $125 per candidate 2.4 Post -Job Offer Psychological Evaluation $350 per candidate 2.5 Contractor will invoice Client following completion of described services. Client will make payment within 30 days of receipt of invoice. 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. Contractor shall comply with state and federal statute. No other warranty, express or implied, is provided by Contractor. 3.2 The Contractor shall maintain complete written records of its procedures and the Client may, on reasonable request, review such records during regular business hours. 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. 4. 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. 5. Indemnity and Hold Harmless. The parties agree and hold harmless each other, their officers, agents and employees in accordance with the following provisions: 5.1 The Contractor shall indemnify the Client from: 5.1.1 Violation of any copyright agreement or statute relating to the use and administration of the tests or other written materials herein provided for; 5.1.2 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; 5.1.3 The alleged negligent or tortious act of the Contractor in the provision of services under this Agreement. Specialized Services Agreement Page 2 of 5 Public Safety Testing, Inc. City of Tukwila, WA September 2009 5.2 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. 5.3 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 from the negligent or tortious act of the party seeking indemnity, its officers, agents and /or employees. 6. Termination. The Contractor and the Client may withdraw from this Agreement at any time for any reason, 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. 7. 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 day of 200/ CITY OF TUKWILA, WA By: Pri 44r1r415 2 By: Its: I 0 Contact Name: f1 C41,0 Ill Vi 11Gc• Address: /,2o0 SouNice4,4er P- vor City /State /Zip: 1 ZtL u ia-, WA- Qel Telephone: do(p X31 /0/ PUBLIC SAF,T/t' TESTI G, INC. Print: Jon F. Walters, Jr. Its: President Jon Walters 20818 44 Ave W, Suite 160 Lynnwood, WA 98036 425.776.9615 Specialized Services Agreement Page 3 of 5 Public Safety Testing, Inc City of Tukwila, WA September 2009 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 necessary waiver and notification forms; mails 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 applicant at PST 5. One -on -one comprehensive in- person interview with the candidate. 6. Telephonic interview of significant references (approx 6 -8 telephonic interviews). May conduct in- person interviews as requested by client agency. Second tier references may also be contacted as necessary. 7. Summary report to the Client Summary of interviews Records check reports Personal History Statement Personal History Questionnaire Report 8. PST meets with Client staff debrief (optional) CONSIDERATIONS Client will notify PST of any issues or other areas that they may want examined closely on any candidate. Client is aware that the Fair Credit Reporting Act applies to background checks conducted by third party investigators and that a candidate may have access to certain reports /records generated if an adverse employment decision is made based on the reports /records. PST is a licensed Private Investigator 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. 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 will utilize personnel with extensive background investigation and /or law enforcement investigative experience. Specialized Services Agreement Page 4 of 5 Public Safety Testing, Inc. City of Tukwila, WA September 2009 FEES Records /data checks $60 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 Personal History Questionnaire (PHQ) administration report $25 Investigative, interviews, administrative and follow -up work $50 per hour. Reimbursement for reasonable necessary expenses related to travel, lodging, etc. Out of state travel will require prior approval from Client. ACTIVITY Personal History Statement Records Check Personal History Questionnaire Candidate Interview Reference Interviews Reports Administrative ESTIMATED PER CANDIDATE COSTS** APPROX APPROX TIME COST NOTES Completed by candidate returned to PST Criminal History, Pending convictions, Prior Address, Credit, SSN Verification, Sex Offender, etc Self- reporting; completed at PST office; report generated Face -to -face; conducted at PST office Conducted only on significant references noted (e.g., prior employers, etc.) No less than 6 references contacted. Summary Report for each candidate; Copy of records checks; Personal History Statement; Copy of PHQ Report; Appointment coordination; scheduling, logistics, phone, reproduction, reports; etc. 3 5 hours includes prep time; document review; notes; interview 5 10 hours $250 $500 3 5 hours $150 $250 2 3 hours Total "staff hours" per candidate 13 23 hours Records checks PHQ 1 OPTION: Pre -Job Offer Suitability Assessment OPTION: Post -Job Offer Psychological Evaluation OPTION: Polygraph Examination $125 $350 $165 $1 $25 $150 $250 TOTAL PER CANDIDATE $775 $1,275 $100 $150 $650 $1,150 I $125 I Evaluation of a "typical" background inquiry based on described scope of work. The actual time /cost will vary with each candidate. For example, one candidate may reveal a disqualifying issue very early in the process; whereas another candidate may require additional investigative time to fully research an issue in their background. Specialized Services Agreement Page 5 of 5 Public Safety Testing, Inc. City of Tukwila, WA September 2009