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HomeMy WebLinkAbout21-123 - PST Investigations (Division of Public Safety Testing) - 2021-2023 Pre-Employment Background Investigations (Police Department)City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 21-123(a) Council Approval N/A CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and PST Investigations That portion of Contract No. 21-123 between the City of Tukwila and PST Investigations is hereby amended as follows: Section 2: Professional Fees Subsection 2.1.c - Investigative, interviews, administrative, and follow-up work at the following rates: PRE-EMPLOYMENT BACK BACKGROUND INVESTIGATIONS Entry-level Candiate5 Lateral/Certified Enter LE/Corrections Candidates Mid-Manager/IEx;ecutiive-leve@ Candidates 2021. $63.00/ho LIT $63.00,/hmouir $83.SO/hmoUT 2022 $64.90/hour $69.90/hour $$6.00/hour All other provisions of the contract shall remain in full force and effect. Dated this 28th day of March , 20 22 CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor CA Reviewed May 2020 03/28/2022 Printed Name: Jon F. Waiters, Jr. President Page 1 of 2 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: ATTEST/AUTHENTICATED APPROVED AS TO FORM eSvia ignetl Key: ,I,J,ce.,,,,,ebb.,,c170/10c1,15,f Key: Sffltla,/10f5,72ebboYeca,lec0,16,5ea Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Reviewed May 2020 Page 2 of 2 21-123 Council Approval N/A 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 Tukwila Police Department, WA (the "Client"), do enter into this Agreement under the terms and conditions set forth herein. Commencement Date: August 5, 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. 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 to service(s) desired]: OL'. .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 EyeDetect Pre -Employment Lie Detection/Truth Verification Test: The Contractor will conduct a pre-employment lie detection/truth verification test using EyeDetect and provide results as part of the normal background investigation process. Specialized Services Agreement Page 1 of 10 PST Investigations Tukwila PD, WA 2021 Public Safety Testing, Inc. OV1.3 Polygraph Examination and Report: The Contractor will coordinate an independent service provider and certified polygraph examiner with experience in pre-employment testing of law enforcement, corrections, and other public safety candidates to conduct the examination. The Independent service provider will provide results directly to the Client. &V1.4 The Client K does ❑ does not require the candidate to submit a financial credit report as part of his/her background investigation. 1b\it .5 The estimated annual salary (plus anticipated overtime, but without benefits) for this position is: ❑ below $75,000 V above $75,000 6V.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 c) Investigative, interviews, administrative, and follow-up work at the following rates: PRE-EMPLOYMENT BACKGROUND 2021 INVESTIGATIONS Entry-level Candidates $63.00/hour Mid-Manager/Executive-level Candidates $83.50/hour Specialized Services Agreement Page 2 of 10 Tukwila PD, WA 2021 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 EyeDetect Pre -Employment Lie Detection Test $135 Polygraph Examination � $370 Polygraph Examination Re -Test Following a Pre -Employment Failed $370 Examination $380 $390 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. 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. Specialized Services Agreement Page 3 of 10 PST Investigations Tukwila PD, WA 2021 Public Safety Testing, Inc. 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 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. Specialized Services Agreement Page 4 of 10 PST Investigations Tukwila PD, WA 2021 Public Safety Testing, Inc. 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 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 Specialized Services Agreement Page 5 of 10 PST Investigations Tukwila PD, WA 2021 Public Safety Testing, Inc. 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. Insurance: The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the Client's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Client shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the Client using ISO Additional Insured endorsement CG 20 Specialized Services Agreement Page 6 of 10 PST Investigations Tukwila PD, WA 2021 Public Safety Testing, Inc. 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain or be endorsed to contain that they shall be primary insurance with respect to the Client. Any insurance, self-insurance, or insurance pool coverage maintained by the Client shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. Verification of Coverage. Contractor shall furnish the Client with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the Client, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the Client and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Client may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Client on demand, or at the sole discretion of the Client, offset against funds due the Contractor from the Client. Specialized Services Agreement Page 7 of 10 PST Investigations Tukwila PD, WA 2021 Public Safety Testing, Inc. 7. Indemnity and Hold Harmless: The parties agree and hold harmless each other, their officers, agents, and employees in accordance with the following provisions: 7.1 The Contractor shall indemnify the Client from: 7.1.1 Violation of any copyright agreement or statute relating to the use and administration of the tests or other written materials herein provided for; 7.1.2 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; 7.1.3 The alleged negligent or tortious act of the Contractor in the provision of services under this Agreement. 7.1.4 Any claim or charge incurred relating to a charge paid by the Client pursuant to Section 2.3 of this Agreement. 7.2 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. 8. 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. 9. Applicable Law; Venue; Attorney's Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Specialized Services Agreement Page 8 of 10 PST Investigations Tukwila PD, WA 2021 Public Safety Testing, Inc. 10. 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 13th day of August TUKWILA POLICE DEPARTMENT, WA PST INVESTIGATIONS PUBLIC SAFETY TESTING, INC. .w By y By: August 5, 2021 Print:) t 44 . ,. Its: t.:f C"'i= Point of Contact:/ Title: kAliiYcAgis2?iniz- Address: / N City/State/Zip:, Telephone: 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: APPROVED AS TO FORM Office of the City Attorney Specialized Services Agreement Page 9 of 10 PST Investigations Tukwila PD, WA 2021 Public Safety Testing, Inc. 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. 1 1 Client is required to run checks on government databases that Contractor does not have access to, such as WACIC, NCIC, DOL, etc. Specialized Services Agreement Page 10 of 10 PST Investigations Tukwila PD, WA 2021 Public Safety Testing, Inc.