HomeMy WebLinkAbout26-013 - Contract - Data Quest, LLC - Pre-Employment Background Check Services,, f U EST
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Client Services Agreement
26-013
Council Approval N/A
P.O. Box 1308
Snohomish, WA 98291
Ph: (888) 443-0135
Fax: (888) 226-6952
Web: www.dataquestllc.com
This Client Services Agreement ("Agreement") is by and between DataQuest, LLC ("DataQuest"), a nationwide consumer reporting
agency ("CRA") specializing in employment screening, and the undersigned end user ("Client"). By signing below, Client engages
DataQuest to perform background screening services and agrees to the terms set forth in this Agreement.
1. Compliance with Laws. Client agrees that all consumer reports that are released by DataQuest to Client, including but not
limited to public records, credit bureau and reference check reports and drug/substance abuse test results, shall be used by Client strictly
in accordance with the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., and all amendments thereto (collectively, the "FCRA") and
its applicable state counterparts, as well as all other applicable federal and state laws, rules and regulations (collectively with the FCRA,
the `'Laws and Regulations"). Client certifies and agrees that it will comply with all Laws and Regulations and will not use consumer
reports from DataQuest in violation of any Law or Regulation, including federal or state equal employment opportunity laws or
regulations.
2. Required Disclosures. Client understands and agrees that it is obligated to make certain disclosures to the consumer under
the FCRA and its applicable state counterparts in order to obtain a consumer report on the consumer. Prior to obtaining a consumer
report, Client shall provide to the consumer, in accordance with FCRA §604(b)(1), a clear and conspicuous disclosure, in a document
that consists solely of the disclosure, that a consumer report may be obtained for employment purposes. Client understands and agrees
that certain states require additional disclosures to be made to the consumer under the state's FCRA counterpart or require the consumer
the opportunity to check abox indicating they would like to receive a copy of the consumer report (e.g., California, New York, Minnesota
and Oklahoma). Client will provide a copy of the report to the consumer at no charge if the consumer so requests or when obligated to
do so. Client will also certify to DataQuest that any such applicable additional disclosures have been made to the consumer.
3. Required Authorizations. Prior to obtaining a consumer report, Client shall obtain written authorization from the consumer
allowing it to obtain the report at issue. Client shall provide DataQuest the written authorization of the consumer.
4. Special Provision for Client's Use of integrated System, QuickApp or QuickApp Pro. Client acknowledges that it has
opted to have DataQuest's software platform integrate directly with Client's applicant tracking system (ATS) or human resources
information system (HRIS) or similar or for DataQuest to provide such services via QuickApp, QuickApp Pro or a similar software
platform. The parties agree that, as part of this integration, DataQuest's system shall generate the consumer disclosures and notices
required in Section 2 above, and obtain the consumer's authorization to perform the background screening required in Section 3 above,
on Client's behalf. Client acknowledges that such disclosures and notices are being sent, and consumer authorizations requested, solely
at Client's direction. Client acknowledges that it has reviewed the sample disclosures and sample notices, as well as the sample form
of the consumer authorization, to be used by DataQuest's system or with QuickApp, QuickApp Pro or a similar software platform, as
applicable, for compliance with applicable Laws and Regulations, and deems them fully appropriate to use on Client's behalf and in
compliance with all laws applicable to Client. The Parties further agree that if and when DataQuest updates its sample documents, these
updated samples shall be used on Client's behalf. Client understands that at all times it may review the current version of the sample
notices, sample disclosures and sample consumer authorization form that will be utilized on Client's behalf in connection with the
integrated system or with QuickApp, QuickApp Pro or a similar software platform, as applicable, by accessing them in DataQuest's
document library (available under the "Help" tab once Client logs in to DataQuest's system) or by contacting DataQuest directly. Client
understands that the use of DataQuest's sample materials is strictly voluntary, and that Client may at any time elect to use its own
materials outside of the process described above. Use by Client of the integrated system or with QuickApp, QuickApp Pro or a
similar software platform for background screening services provided by DataQuest does not abrogate in any way Client's
independent legal obligation to comply with the applicable requirements of the FCRA and Laws and Regulations for
users/procurers of consumer reports (including, without limitation, Client's obligations under Sections 2 and 3 above). Client
remains fully and exclusively responsible for complying with all background screening laws that apply to it, including the FCRA.
Client hereby agrees to indemnify, defend and hold DataQuest harmless from any and all third party or Client claims of non-
compliance with the FCRA and Laws and Regulations as such claims relate to user/procurer obligations under the FCRA and/or
Laws and Regulations and any other claims related thereto. it is Client's sole obligation to download, save and/or print, as
desired, any and all consumer reports, disclosures, notices, or authorizations in connection with Client's use of the integrated
system or with its use of QuickApp, QuickApp Pro or a similar software platform. Client agrees that it shall not use DataQuest's
system as its primary record-keeping system for background screening materials, and further agrees that it is solely and
exclusively responsible for separately maintaining any documents required to be preserved by it for business or legal reasons.
DataQuest CSA Rev: 20201214 (SP rev) — 202306222023FSUM Page 1 of 15
5. Permissible Purpose. Client understands that it must have a permissible purpose under the FCRA for ordering information.
Client understands and agrees to comply with adverse action procedures required by the FORA, understands the confidential nature of
the information being requested and will keep the information confidential when obtaining, retaining, using, and destroying it.
Client certifies that: (1) Client has a permissible purpose for obtaining consumer reports in accordance with the FORA; (2) the
permissible purpose of the consumer report shall be only for the bulleted reason below; (3) the consumer report will not be requested,
obtained or be used for any other purpose including, but not limited to, for the purpose of selling, leasing, renting or otherwise providing
information obtained under this Agreement to any other party, whether alone, in conjunction with Client's own data, or otherwise in any
service that is derived from the consumer reports; and (4) Client will notify DataQuest of any anticipated change in the specific purpose
for which the information will be used and receive written permission from DataQuest to obtain a report for a different purpose.
Client agrees to use the consumer report only for the following purpose:
• For employment purposes, including evaluating a consumer for
employment, promotion, reassignment or retention as an employee.
Client understands that the FCRA provides that anyone "who knowingly and willfully obtains information on a consumer from a
consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than two (2)
years, or both."
6. One -Time Use; Disclosure. Client shall use the consumer report for employment purposes only for a one-time use, shall hold
the report in strict confidence, and shall not disclose it to any third parties that are not involved in the employment decision. However,
nothing in this Agreement shall prevent disclosure to the consumer and/or his/her authorized representative(s) and/or third parties
involved in the handling or resolution of any claim or dispute brought by the consumer or in any court or by any government agency.
DataQuest likewise shall hold the report in strict confidence, and not disclose it to any parties other than authorized recipients employed
by Client or to third parties involved in the handling or resolution of any claim or dispute brought by the consumer or by Client or in
any court or by any government agency.
7. Sources of Information. DataQuest assembles information from a variety of sources, including courthouses and government
agencies. Client understands that these information sources are not maintained by DataQuest. Therefore, DataQuest cannot be a
guarantor that the information provided from these sources is absolutely accurate. Nevertheless, DataQuest has in place procedures
designed to ensure the maximum possible accuracy of the information reported and also procedures designed to respond promptly to
claims of incorrect or inaccurate information in accordance with applicable law.
8. Certifications Associated With Each Order For Employment Purposes. By having DataQuest prepare a report for employment
purposes (as defined by the FORA), Client is certifying that: (1) A clear and conspicuous disclosure has been made in writing to the
consumerby Client (in a document that consists solely of the disclosure) statingthat a Consumer Report may be obtained for employment
purposes; (2) the consumer has authorized in writing the procurement of the Consumer Report that is being ordered; (3) information
from the report to be provided by DataQuest will not be used in violation of any applicable Federal or State equal employment
opportunity law or regulation, or any other applicable law; and (4) if applicable, Client will comply with the adverse action requirements
described in Section 604(b)(3) of the Fair Credit Reporting Act, as well as any other pertinent adverse action requirements. In addition,
if the Consumer lives in California or is applying to work in California or works in California, by having DataQuest prepare a Report for
Client, Client is certifying that: (1) Client has complied with all disclosure and authorization requirements set forth in California Civil
Code 1786.16, (2) Client has provided the Consumer a means to check a box to indicate that he or she would like a copy of any Report
received by Client from DataQuest, (3) Client will comply with any adverse requirements set forth under California law (including those
identified in Cal. Civ. Code § 1786.40) should they become applicable, and (4) Client has otherwise met all requirements for obtaining
a Consumer Report or Investigative Consumer Report under California law.
9. Adverse Action. Client understands that Client has legal requirements and responsibilities when taking adverse action against
a consumer based in whole or in part on a consumer report. Client understands and agrees to comply with adverse action procedures
required by the FCRA and applicable state counterparts, including, without limitation: (a) providing a pre -adverse action notice to
consumers, a copy of the consumer report and a copy of "A Summary of Your Rights Under the Fair Credit Reporting Act;" (b) allowing
the consumer a designated reasonable period of time to contact Client and DataQuest (the CRA) if the consumer wishes to dispute or
explain any information in the consumer report; and (c) providing a final adverse action notice to the consumer if a final adverse
employment decision is made. The final adverse action notice shall comply with the Fair Credit Reporting act and all applicable state
and local laws. As a courtesy to its customers, DataQuest can supply Client with a sample pre -adverse action notification form and a
sample adverse action notification form. DataQuest recommends that Client consult with its own legal counsel when taking
adverse action against a consumer based in whole or in part on a consumer report to ensure Client acts in accordance with
applicable Laws and Regulations and to ensure that its pre- and final adverse action notices comply with all applicable laws.
DataQuest CSA Rev: 20201214 (SP rev) — 202306222023FSUM Page 2 of 15
10. Investigative Consumer Report Information. If Client chooses to order Investigative Consumer Reports (i.e. certain
interview -based reports), it certifies that it shall comply with all legal requirements pertaining to Investigative Consumer Reports. Among
other things, it shall clearly and accurately disclose to the consumer that an Investigative Consumer Report, including information as to
his/her character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be obtained. The disclosure
shall be made in writing and mailed or otherwise delivered to the consumer with a summary of the Consumer's rights provided for under
15 U. S. C. § 1681 g(c). The disclosure shall also include a statement informing the consumer of his/her right to submit a written request for
additional information, pursuant to 15 U.S.C. § 1681d(b), within a reasonable period of time after the receipt by him/her of the foregoing
disclosure. By having DataQuest prepare an Investigative Consumer Report for Client, Client is certifying that it has complied with the
above requirements in this Section and otherwise met all legal prerequisites for receiving an Investigative Consumer Report. Further, upon
receipt of a request by a consumer for additional information about the Investigative Consumer Report being ordered, Client shall disclose
in writing the nature and scope of the investigation, which shall be complete and accurate. The disclosure shall be mailed or otherwise
delivered to the consumer not later than five (5) days after the date on which the request for additional disclosure was received from the
consumer or the date the Client first requested the report, whichever is later.
11. Scope of Information Provided. DataQuest shall seek out and deliver information consistent with the service descriptions set
forth on its website at https://www.DataQuestllc.com/ at the time of the relevant search. Client understands that it must review and
consider the scope of a search before placing an order with DataQuest. Client also understands that it will not receive information from
DataQuest that falls outside of a requested search, and that it will not receive information that DataQuest determines—in its sole
discretion—to be unreportable under applicable law.
12. No Legal Advice. Client acknowledges the importance of complying with its obligations under applicable law and agrees that
it will consult with legal counsel as appropriate regarding the acquisition and use of reports. Client understands and acknowledges that
DataQuest is not a law firm and does not provide legal advice in connection with DataQuest's furnishing of reports to Client or Client's
use of such reports. Client understands that any communications by DataQuest's employees or representatives regarding searches,
verifications, or the content of reports are not to be considered or construed as legal advice. Client shall consult with counsel as
appropriate before deciding whether to act upon information reported by DataQuest. Client understands that sample forms or documents
made available by DataQuest to Client, including, but not limited to, sample disclosure notices, written authorizations, and adverse
action notices are offered solely as a courtesy and should not be construed as legal advice. Accordingly, Client shall consult with counsel
to make sure that it is using appropriate documents that comply with any and all applicable federal, state, and local laws. Use of
DataQuest's sample documents is entirely optional. Therefore, if Client chooses to use DataQuest's sample documents in part or whole,
Client agrees that such documents should be considered its own (not that of DataQuest), and that Client has consulted with its own legal
counsel to the extent necessary regarding the use of such documents. Client shall indemnify and hold harmless DataQuest, its affiliates,
and subsidiaries and their respective officers, directors, employees, agents, and insurers from and against any and all damages, penalties,
losses, liabilities, judgments, settlements, awards, costs, and expenses (including reasonable attorneys' fees and expenses) arising out of
or in connection with any third -party claims, assertions, demands, causes of action, suits, proceedings or other actions, whether at law
or in equity, related to Client's use of sample forms or documents made available by DataQuest.
13. Responsibility for Decision-Makina. Client understands and agrees that DataQuest does not make the decision to deny
employment or take any other adverse action based on any reported findings in the DataQuest investigation process. This responsibility
rests solely with Client. Client accepts full responsibility for any decision or adverse action made in part or whole on a Report provided
by DataQuest.
14. Confidentiality of Information; Disposal of Information. DataQuest hereby informs Client, and Client acknowledges that
it understands, that consumer reports are of confidential and sensitive nature and that Client has a legal obligation to keep consumer
information confidential (the "Confidential Information"). Client shall maintain consumer reports in confidential files to which access
is restricted and shall maintain reasonable procedures to protect the Confidential Information from unauthorized internal and external
access. Only those employees or third parties who need such information to perform their job duties shall have access to it. Client
acknowledges it has specific retention and destruction practices outlined by the FORA, the Federal Trade Commission (in particular, 16
CFR Part 682) and the Drivers Privacy Protection Act, as well as other applicable Laws and Regulations. Client will protect the privacy
of consumer information that is contained in motor vehicle records, and access DMV records only with written consent of the consumer.
Client specifically acknowledges that pursuant to 16 CFR Part 682, it must properly dispose of consumer information by taking
reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal. Such reasonable
measures may include, by example, and without limitation:
• implementing and monitoring compliance with policies and procedures that require the burning, pulverizing or
shredding of papers containing consumer information so that the information cannot practicably be read or
reconstructed
• implementing and monitoring compliance with policies and procedures that require the destruction or erasure of
electronic information so that the information cannot practicably be read or reconstructed
DataQuest CSA Rev: 20201214 (SP rev) — 202306222023FSUM Page 3 of 15
• after conducting due diligence, entering into and monitoring compliance with a contract with a document destruction
company to dispose of material, specifically identified as consumer information, in a manner consistent with the
requirements of 16 CFR Part 682
• conducting regular employee training on the company's policies and procedures for proper disposal of consumer
information
• destroying or making inaccessible any paper documents containing consumer information that are at individual desks
or workstations no later than the end of each work day.
If Client experiences a breach of security regarding personal identifying information on the subjects of the reports it receives, Client
shall notify DataQuest within twenty-four (24) hours of discovery of the breach. Within seven (7) business days of such an event, Client
shall advise DataQuest what steps have been taken to protect the information from the reoccurrence of the breach and what additional
measures have been taken to restore protection of the information.
15. Information Disclosed by Client and Client's Authorized Users. The consumer reports shall be requested and disclosed by
Client only to Client's designated and authorized employees or third parties to the extent permitted by applicable Laws and Regulations
and as defined in paragraph 6 above, having a need to know and only to the extent necessary to enable Client to use the consumer reports
in accordance with this Agreement and in compliance with applicable Laws and Regulations. Client shall ensure that such designated
and authorized employees do not obtain any Consumer Reports on themselves, associates, or any other person except in the exercise of
their official duties. Client is responsible for ensuring that any owner, employee, independent contractor or other agent of the Client
("User") who accesses DataQuest's system or who uses DataQuest's reports, forms, templates or other documents complies with the
provisions of this Agreement and is aware of the requirements set forth herein and in the Laws and Regulations.
16. Data Ownership and Data Availability. Any data entered into or generated by DataQuest's system or in a consumer file,
including, without limitation, any consumer reports or consumer information (but excluding any disclosures or authorizations generated
by DataQuest on behalf of Client referred to in Section 4 above in connection with Client's use of an integrated system or with QuickApp
or QuickApp Pro) are DataQuest's sole property. DataQuest will deliver consumer reports to Client in a format that can be viewed,
printed or saved by Client for a one-time use by Client. Data destruction policies may be imposed on DataQuest by its software platform
vendors, other vendors or agencies, and such policies may be changed by DataQuest's vendors from time to time.
17. Access to DataOuest's System. DataQuest assigns every authorized User their own unique User ID to DataQuest's system.
Each authorized User who is granted access to DataQuest's system should only use strong passwords (at least 8 characters, alpha and
numeric) and is prohibited from sharing their User ID and/or password with any other person. Client is responsible for immediately
notifying DataQuest of any User that has either been: 1) terminated from or ends employment with Client, or 2) is no longer in a position
with Client that requires access to DataQuest's system. Once notified by Client pursuant to the foregoing sentence, DataQuest will
disable that User's access to DataQuest's system and to Client's account therein. Client's access to DataQuest's system shall terminate
upon termination of this Agreement, and access may be suspended or terminated in accordance with this Agreement or upon Client's
breach of this Agreement.
18. Warranties/Remedies/Indemnification. Client understands that DataQuest obtains the information in its Consumer Reports
and Investigative Consumer Reports from various third -party sources "AS IS" and, therefore, is providing the information to Client "AS
IS". DATAQUEST MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM THE COURSE OF DEALING OR A COURSE
OF PERFORMANCE; DATAQUEST EXPRESSLY DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND
WARRANTIES.
In addition to any other indemnification clause in this Agreement, to the greatest extent permitted by law, Client shall defend,
indemnify and hold harmless DataQuest and its officers, members, employees, contractors and agents (collectively referred to in this
Section 18 as "DataQuest") from and against any and all demands, liabilities, losses, costs, fines, penalties, expenses (inclusive of
reasonable attorneys' fees and court costs), damages, actions or claims of any kind (each a "Cause of Action"), whether meritorious or
not, brought or asserted by any third party in any way arising out of or resulting from: (a) any negligence or intentional or willful
misconduct of Client or its officers, directors, owners, agents, employees or contractors (collectively referred to herein "Client"), whether
by act or omission; (b) the failure of Client to duly perform or satisfy its obligations under this Agreement (c) Client's improper use or
dissemination of information provided by DataQuest in accordance with the requirements of this Agreement or in accordance with
applicable Laws and Regulations; or (d) the failure of Client to comply with Laws and Regulations applicable to it or for which it has
responsibility pursuant to this Agreement. Client shall pay all such expenses incurred by or on behalf of DataQuest in connection with
any Cause of Action immediately after receipt by Client of a statement of such expense.
DataQuest CSA Rev: 20201214 (SP rev) — 202306222023FSUM Page 4 of 15
TO THE EXTENT PERMISSIBLE BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY
CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR SPECIAL DAMAGES OF ANY NATURE
ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY
WHATSOEVER, WHETHER IN TORT OR CONTRACT, EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD
OF SUCH DAMAGES OCCURRING.
IN ADDITION, DATAQUEST SHALL NOT BE LIABLE TO CLIENT FOR AN AMOUNT THAT EXCEEDS
THE TOTAL FEES PAID TO DATAQUEST BY CLIENT DURING THE 12 MONTHS BEFORE SUCH
LIABILITY AROSE. BOTH PARTIES AGREE THAT THE PRICES AFFORDED TO CLIENT ARE
PREMISED ON THIS CAP ON DAMAGES.
19. For Clients Who Wish to Obtain Credit Reports. Client hereby certifies to DataQuest that it will not procure a consumer
report bearing on a consumer's creditworthiness, credit standing or credit capacity (collectively, a -consumer credit report"), except in
compliance with the requirements of the applicable Laws and Regulations. Client understands that individual states within the United
States may have differing requirements concerning the procurement of consumer credit reports. Client acknowledges that DataQuest's
sample documents, as discussed above, both written and online, may not be sufficient for Client to comply with a state's particular laws,
rules and regulations regarding the Client's procurement of consumer credit reports. It is Client's independent obligation to ensure that
Client is procuring consumer credit reports for permissible purposes and in compliance with the FCRA and such state's particular laws,
rules and regulations regarding the procurement of consumer credit reports.
In order for Client to be granted access to employment credit reports, the "Certification of Use For Employment Insight Reports"
document that is included in the Account Set -Up Packet must be completed, signed by an authorized person of Client, and returned to
DataQuest, and an on-site visit/inspection of Client's place of business must be completed. Client is responsible for maintaining
consumer authorizations for the duration of time required pursuant to the requirements set forth in the Certification of Use for
Employment Insight Reports.
20. Right to Audit. At least once each calendar year and upon reasonable prior written notice to Client, DataQuest may conduct
an audit reasonably designed to monitor Client's compliance with the obligations set forth in this Agreement; provided, however, if
DataQuest has a reasonable belief that Client is not in compliance with one or more of the obligations of this Agreement, DataQuest
reserves the right to audit at its discretion. Client agrees that any failure to cooperate fully and promptly in the conduct of any audit
requested pursuant to this Section 20 will constitute grounds for immediate suspension of services under, or termination of, this
Agreement.
21. Term and Termination. This Agreement may be terminated for any reason upon thirty (30) days advance written notice by
either party to the other party. Notwithstanding the foregoing, each party reserves the right to terminate this Agreement at any time
with written notice to the other party upon the other party's breach of this Agreement.
22. Survival. The following sections shall survive termination of this Agreement: 4, 12, 14, 18, 24, 25, 33
23. Rates for Services. DataQuest's rates for its services as of the commencement of this Agreement have been provided
separately to Client. DataQuest reserves the right to change its service rates from time to time without notice. Notwithstanding the
foregoing, fees and charges imposed by any state or court for searches run by DataQuest, as well as any fee-based verification fees in
connection with employment or education verifications, are passed through directly to Client by DataQuest. DataQuest reserves the right
to charge Client a reasonable fee for services mutually agreed upon outside of DataQuest's rate schedule.
24. Payment; Late Fees. All invoices not paid within thirty (30) days of receipt may incur late fees of five percent (5%) and may
accrue interest at the rate of twelve percent (12%) per annum, or if less, at the highest rate then permitted by law; provided, however
that if Client in good faith disputes any amount on an invoice, late fees and interest may apply only on the amount of the invoice that is
undisputed. If Client in good faith disputes any amount on an invoice, Client shall notify DataQuest in writing of the disputed amount
and shall pay the remaining undisputed balance according to DataQuest's regular payment terms. If Client is delinquent in the payment
of invoices, DataQuest may, at its sole discretion, place a hold on Client's account or discontinue providing system access and services
to Client.
25. Attorneys' Fees. In any action, suit or other proceeding instituted by either party arising out of, in connection with, or
pertaining to this Agreement, the substantially prevailing party, as determined by the court or arbiter, including in any bankruptcy
proceeding or in any appeal, shall be entitled to recover its reasonable attorneys' fees and all costs and expenses from the non -prevailing
party, in addition to such other relief to which the substantially prevailing party may be awarded.
26. Amendments; Updated Client Services Agreement. Client understands that changes in Laws and Regulations and other
factors may require DataQuest to update this Agreement from time to time, which may require Client to sign a new Client Services
Agreement or to sign an amendment to this Agreement. If a new Client Services Agreement is signed, it shall automatically be deemed
to replace and supersede this Agreement in its entirety. All amendments or modifications of this Agreement, or new agreements, must
be in writing, executed and acknowledged by both parties.
DataQuest CSA Rev: 20201214 (SP rev) — 202306222023FSUM Page 5 of 15
27. No Third Partv Benefits. The parties acknowledge and intend that this Agreement is being entered into solely for the
respective benefit of each of them and their respective successors and assigns, and nothing in this Agreement will be construed as giving
any person, firm, corporation or other entity, other than the parties to this Agreement and their respective successors and permitted
assigns, any right, remedy or claim under or in respect of this Agreement or any of its provisions.
28. Severability. In the event any provision of this Agreement is found to be illegal or unenforceable under applicable law, by a
court having jurisdiction, such provision shall be unenforceable only to the extent necessary to make it enforceable without invalidating
any of the remaining provisions of this Agreement.
29. Waiver. No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be
construed as a waiver of such right or power. A waiver by either party of any covenant or breach of this Agreement shall not be construed
to be a waiver of any succeeding breach or of any other covenant. All waivers must be in writing and be signed by the party waiving
its rights.
30. Force Maieure. Neither party will be liable to the other by reason of any failure or delay of performance, whether foreseen or
not, under this Agreement (except failure to pay DataQuest any amount when due) if such failure arises out of causes beyond the non-
performing party's reasonable control, including but not limited to governmental emergency orders, judicial or governmental action,
emergency regulations, sabotage, riots, vandalism, labor strikes or disputes, acts of God (e.g., fire, flood, inclement weather, epidemic
or earthquake), war or act of terrorism, electrical failure, mechanical failure, major computer hardware or software failures, equipment
delivery delays or acts of third parties (each, a "Force Majeure Event"). The non-performing party agrees to fulfill its obligations under
this Agreement as soon as reasonably possible after the cause of the Force Majeure Event ceases to exist, it being understood that a
Force Majeure Event is not a permanent excuse for non-performance of this Agreement.
31. Receipt of Documents. By signing below, Client acknowledges receipt of a copy of A Summary of Your Rights Under the
Fair Credit Reporting Act and a copy of Notice to Users of Consumer Reports, which are respectively attached hereto and incorporated
herein as Exhibit A and Exhibit B.
32. Headings. The section and other headings in this Agreement are solely a matter of convenience for reference and are not a part
of this Agreement.
33. Governing Law; Jurisdiction and Venue. This Agreement shall be exclusively governed by and construed in accordance
with the laws of the State of Washington, without regard to the conflict of law provisions. Venue for any action or proceeding related
to this Agreement will exclusively be in Snohomish County, Washington, or in federal court in the Western District of Washington.
34. Entire Agreement. This Agreement, including its exhibits, attachments and addendums, contains the entire understanding of
the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements regarding the subject matter
hereof.
35. Authorized Signatory. Each person signing below on behalf of the respective parties is an authorized signatory for such party
and has direct knowledge of the facts certified.
BY CLIENT: BY DATAQUEST:
City of Tukwila
(Client Business Name)
Signature:
By (Print Name): TC Croone
Its (Print Title): Chief People Officer
Date: 12/17/2025
Client's Physical Business Address (Required):
6300 Southcenter Blvd.
Tukwila, WA 98188
DATAQUEST, LLC
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Signature: ' r �o v 1 �ai9 I�
By (Print Name): Shannon Johnson
Its (Print Title): President
Date: 12/17/2025
DataQuest's Address:
P.O. Box 1308
Snohomish, WA 98291
DataQuest CSA Rev: 20201214 (SP rev) — 202306222023FSUM Page 6 of 15
EXHIBIT A
Para informacion en espanol, visite www.consumerfinance.gov/learnmore o escribe a la Consumer
Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552.
A Summary of Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FORA) promotes the accuracy, fairness, and privacy of information in the files of
consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty
agencies (such as agencies that sell information about check writing histories, medical records, and rental history records).
Here is a summary of your major rights under FORA. For more information, including information about additional
rights, go to www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G
Street NW, Washington, DC 20552.
• You must be told if information in your file has been used against you. Anyone who uses a credit report or another type
of consumer report to deny your application for credt, insurance, or employment — or to take another adverse action against
you —must tell you, and must give you the name, address, and phone number of the agency that provided the information.
• You have the right to know what is in your file. You may request and obtain all the information about you in the files of a
consumer reporting agency (your "file disclosure"). You will be required to provide proper identification, which may include
your Social Security Number. In many cases, the disclosure will be free. You are intitled to a free file disclosure if:
o a person has taken adverse action against you because of information in your credit report;
o you are the victim of identity theft and place a fraud alert in your file;
o your file contains inaccurate information as a result of fraud;
o you are on public assistance;
o you are unemployed but expect to apply for employment within 60 days.
In addition, all consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit
bureau and from nationwide specialty consumer reporting agencies. See www.consumerfinance.gov/learnmore for
additional information.
• You have the right to ask for a credit score. Credit scores are numerical summaries of your credit -worthiness
based on information from credit bureaus. You may request a credit score from consumer reporting agencies that
create scores or distribute scores used in residential real property loans, but you will have to pay for it. In some
mortgage transactions, you will receive credit score information for free from the mortgage lender.
• You have the right to dispute incomplete or inaccurate information. If you identify information in your file
that is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless
your dispute is frivolous. See www.consumerfinance.gov/learnmore for an explanation of dispute procedures.
• Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information.
Inaccurate, incomplete, or unverifiable information must be removed or corrected, usually within 30 days.
However, a consumer reporting agency may continue to report information it has verified as accurate.
• Consumer reporting agencies may not report outdated negative information. In most cases, a consumer
reporting agency may not report negative information that is more than seven years old, or bankruptcies that
are more than 10 years old.
• Access to your file is limited. A consumer reporting agency may provide information about you only to people
with a valid need - usually to consider an application with a creditor, insurer, employer, landlord, or other
business. The FCRA specifies those with a valid need for access.
• You must give your consent for reports to be provided to employers. A consumer reporting agency may not
give out information about you to your employer, or a potential employer, without your written consent given to the
employer. Written consent generally is not required in the trucking industry. For more information, go to
www. consumerfinance. gov/leammore.
DataQuest CSA Rev: 20201214 (SP rev) — 202306222023FSUM Page 7 of 15
• You may limit "prescreened" offers of credit and insurance you get based on information in your credit
report. Unsolicited "prescreened" offers for credit and insurance must include a toll-free phone number you can
call if you choose to remove your name and address from the lists these offers are based on. You may opt out with
the nationwide credit bureaus at 1-888-567-8688
• The following FCRA right applies with respect to nationwide consumer reporting agencies:
ISOM IL/10114ysoMATAaNsoIW1IM1YWIC1X11']IVR1►/V1X411VIIIMV101WAM
You have a right to place a "security freeze" on your credit report, which will prohibit a consumer
reporting agency from releasing information in your credit report without your express authorization. The
security freeze is designed to prevent credit, loans, and services from being approved in your name without your
consent. However, you should be aware that using a security freeze to take control over who gets access to the
personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval
of any subsequent request or application you make regarding a new loan, credit, mortgage, or any other account
involving the extension of credit.
As an alternative to a security freeze, you have the right to place an initial or extended fraud alert on your credit
file at no cost. An initial fraud alert is a 1 -year alert that is placed on a consumer's credit file. Upon seeing a
fraud alert display on a consumer's credit file, a business is required to take steps to verify the consumer's identity
before extending new credit. If you are a victim of identity theft, you are entitled to an extended fraud alert,
which is a fraud alert lasting 7 years.
A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of
the person or entity, with which you have an existing account that requests information in your credit report for
the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account
maintenance, monitoring, credit line increases, and account upgrades and enhancements.
• You may seek damages from violators. If a consumer reporting agency, or, in some cases, a user of consumer
reports or a furnisher of information to a consumer reporting agency violates the FORA, you may be able to sue in
state of federal court.
• Identity theft victims and active duty military personnel have additional rights. For more information, visit
www.consumerfinance.2ov/leammore.
States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may
have more rights under state law. For more information, contact your state or local consumer protection agency or
your state Attorney General. For information about your federal rights, contact:
DataQuest CSA Rev: 20201214 (SP rev) — 202306222023FSUM Page 8 of 15
TYPE OF BUSINESS:
CONTACT:
1. a. Banks, savings associations, and credit unions with
a. Consumer Financial Protection Bureau
total assets of over $10 billion and their affiliates
1700 G Street NW
Washington, DC 20552
b. Such affiliates that are not banks, savings
b. Federal Trade Commission
associations, or credit unions also should list, in addition
Consumer Response Center
to the CFPB:
600 Pennsylvania Avenue NW
Washington, DC 20580
(877)382-4357
2. To the extent not included in item 1 above:
a. Office of the Comptroller of the Currency
a. National banks, federal savings associations, and
Customer Assistance Group
federal branches and federal agencies of foreign banks
P.O. Box 53570
Houston, TX 77052
b. State member banks, branches and agencies of
b. Federal Reserve Consumer Help Center
foreign banks (other than federal branches, federal
P.O. Box 1200
agencies, and Insured State Branches of Foreign Banks),
Minneapolis, MN 55480
commercial lending companies owned or controlled by
foreign banks, and organizations operating under section
c. Division of Depositor and Consumer Protection
25 or 25A of the Federal Reserve Act.
National Center for Consumer and Depositor Assistance
Federal Deposit Insurance Corporation
c. Nonmember Insured Banks, Insured State Branches of
1100 Walnut Street, Box #11
Foreign Banks, and insured state savings associations
Kansas City, MO 64106
d. Federal Credit Unions
d. National Credit Union Administration
Office of Consumer Financial Protection
1775 Duke Street
Alexandria, VA 22314
3. Air carriers
Assistant General Counsel for Office of Aviation Protection
Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
4. Creditors Subject to the Surface Transportation Board
Office of Public Assistance, Governmental Affairs, and Compliance
Surface Transportation Board
395 E Street SW
Washington, DC 20423
5. Creditors Subject to the Packers and Stockyards Act,
Nearest Packers and Stockyards Division Regional Office
1921
6. Small Business Investment Companies
Associate Administrator, Office of Capital Access
United States Small Business Administration
409 Third Street SW, Suite 8200
Washington, DC 20416
7. Brokers and Dealers
Securities and Exchange Commission
100 F Street NE
Washington, DC 20549
8. Institutions that are members of the Farm Credit
Farm Credit Administration
System
1501 Farm Credit Drive
McLean, VA 22102-5090
9. Retailers, Finance Companies, and All Other
Federal Trade Commission
Creditors Not Listed Above
Consumer Response Center
600 Pennsylvania Avenue NW
Washington, DC 20580
(877)382-4357
DataQuest CSA Rev: 20201214 (SP rev) — 202306222023FSUM Page 9 of 15
EXHIBIT B
All users of consumer reports must comply with all applicable regulations. Information about applicable
regulations currently in effect can be found at the Consumer Financial Protection Bureau's website,
www.consumerfinance.2ov/learnmore.
NOTICE TO USERS OF CONSUMER REPORTS:
OBLIGATIONS OF USERS UNDER THE FCRA
The Fair Credit Reporting Act (FORA), 15 U.S.C. §1681-1681y, requires that this notice be provided to inform users of consumer
reports of their legal obligations. State law may impose additional requirements. The text of the FCRA is set forth in full at the
Consumer Financial Protection Bureau's (CFPB) website at www.consumerfinance.gov/learnmore. At the end of this document is a list
of United States Code citations for the FCRA. Other information about user duties is also available at the CFPB's website. Users must
consult the relevant provisions of the FCRA for details about their obligations under the FCRA.
The first section of this summary sets forth the responsibilities imposed by the FCRA on all users of consumer reports. The subsequent
sections discuss the duties of users of reports that contain specific types of information, or that are used for certain purposes, and the
legal consequences of violations. If you are a furnisher of information to a consumer reporting agency (CRA), you have additional
obligations and will receive a separate notice from the CRA describing your duties as a furnisher.
I. OBLIGATIONS OF ALL USERS OF CONSUMER REPORTS
A. Users Must Have a Permissible Purpose
Congress has limited the use of consumer reports to protect consumers' privacy. All users must have a permissible purpose under the
FCRA to obtain a consumer report. Section 604 contains a list of the permissible purposes under the law. These are:
• As ordered by a court or a federal grand jury subpoena. Section 604(a)(1)
• As instructed by the consumer in writing. Section 604(a)(2)
• For the extension of credit as a result of an application from a consumer, or the review or collection of a consumer's account.
Section 604(a)(3)(A)
• For employment purposes, including hiring and promotion decisions, where the consumer has given written permission.
Sections 604(a)(3)(B) and 604(b)
• For the underwriting of insurance as a result of an application from a consumer. Section 604(a)(3)(C)
• When there is a legitimate business need, in connection with a business transaction that is initiated by the consumer. Section
604(a)(3)(F)(i)
• To review a consumer's account to determine whether the consumer continues to meet the terms of the account. Section
604(a)(3)(F)(ii)
• To determine a consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law
to consider an applicant's financial responsibility or status. Section 604(a)(3)(D)
• For use by a potential investor or servicer, or current insurer, in a valuation or assessment of the credit or prepayment risks
associated with an existing credit obligation. Section 604(a)(3)(E)
• For use by state and local officials in connection with the determination of child support payments, or modifications and
enforcement thereof. Sections 604(a)(4) and 604(a)(5)
In addition, creditors and insurers may obtain certain consumer report information for the purpose of making "prescreened" unsolicited
offers of credit or insurance. Section 604(c). The particular obligations of users of "prescreened" information are described in Section
VII below.
B. Users Must Provide Certifications
Section 604(f) prohibits any person from obtaining a consumer report from a consumer reporting agency (CRA) unless the person has
certified to the CRA the permissible purpose(s) for which the report is being obtained and certifies that the report will not be used for
any other purpose.
DataQuest CSA Rev: 20201214 (SP rev) — 202306222023FSUM Page 10 of 15
C. Users Must Notifv Consumers When Adverse Actions Are Taken
The term "adverse action" is defined very broadly by Section 603. "Adverse actions" include all business, credit, and employment
actions affecting consumers that can be considered to have a negative impact as defined by Section 603(k) of the FCRA — such as
denying or canceling credit or insurance, or denying employment or promotion. No adverse action occurs in a credit transaction where
the creditor makes a counteroffer that is accepted by the consumer.
1. Adverse Actions Based on Information Obtained From a CRA
If a user takes any type of adverse action as defined by the FCRA that is based at least in part on information contained in a
consumer report, Section 615(a) requires the user to notify the consumer. The notification may be done in writing, orally, or
by electronic means. It must include the following:
• The name, address, and telephone number of the CRA (including a toll-free telephone number, if it is a nationwide CRA) that
provided the report.
• A statement that the CRA did not make the adverse decision and is not able to explain why the decision was made.
• A statement setting forth the consumer's right to obtain a free disclosure of the consumer's file from the CRA if the consumer
makes a request within 60 days.
• A statement setting forth the consumer's right to dispute directly with the CRA the accuracy or completeness of any
information provided by the CRA.
2. Adverse Actions Based on Information Obtained From Third Parties Who Are Not Consumer Reporting Agencies
If a person denies (or increases the charge for) credit for personal, family, or household purposes based either wholly or partly
upon information from a person other than a CRA, and the information is the type of consumer information covered by the
FORA, Section 615(b)(1) requires that the user clearly and accurately disclose to the consumer his or her right to be told the
nature of the information that was relied upon if the consumer makes a written request within 60 days of notification. The user
must provide the disclosure within a reasonable period of time following the consumer's written request.
3. Adverse Actions Based on Information Obtained From Affiliates
If a person takes an adverse action involving insurance, employment, or a credit transaction initiated by the consumer, based
on information of the type covered by the FORA, and this information was obtained from an entity affiliated with the user of
the information by common ownership or control, Section 615(b)(2) requires the user to notify the consumer of the adverse
action. The notice must inform the consumer that he or she may obtain a disclosure of the nature of the information relied upon
by making a written request within 60 days of receiving the adverse action notice. If the consumer makes such a request, the
user must disclose the nature of the information not later than 30 days after receiving the request. If consumer report
information is shared among affiliates and then used for an adverse action, the user must make an adverse action disclosure as
set forth in L C.1 above.
D. Users Have Obligations When Fraud and Active Dutv Military Alerts are in Files
When a consumer has placed a fraud alert, including one relating to identify theft, or an active duty military alert with a nationwide
consumer reporting agency as defined in Section 603(p) and resellers, Section 605A(h) imposes limitations on users of reports obtained
from the consumer reporting agency in certain circumstances, including the establishment of a new credit plan and the issuance of
additional credit cards. For initial fraud alerts and active duty alerts, the user must have reasonable policies and procedures in place to
form a belief that the user knows the identity of the applicant or contact the consumer at a telephone number specified by the consumer;
in the case of extended fraud alerts, the user must contact the consumer in accordance with the contact information provided in the
consumer's alert.
E. Users Have Obligations When Notified of an Address Discrenanc
Section 605(h) requires nationwide CRAB, as defined in Section 603(p), to notify users that request reports when the address for a
consumer provided by the user in requesting the report is substantially different from the addresses in the consumer's file. When this
occurs, users must comply with regulations specifying the procedures to be followed. Federal regulations are available at
www.consumerfinance.gov/leammore.
F. Users Have Obligations When Disposing of Records
Section 628 requires that all users of consumer report information have in place procedures to properly dispose of records containing
this information. Federal regulations have been issued that cover disposal.
DataQuest CSA Rev: 20201214 (SP rev) — 202306222023FSUM Page 11 of 15
IL CREDITORS MUST MAKE ADDITIONAL DISCLOSURES
If a person uses a consumer report in connection with an application for, or a grant, extension, or provision of, credit to a consumer on
material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from
or through that person, based in whole or in part on a consumer report, the person must provide a risk-based pricing notice to the
consumer in accordance with regulations prescribed by the CFPB.
Section 609(g) requires a disclosure by all persons that make or arrange loans secured by residential real property (one to four units)
and that use credit scores. These persons must provide credit scores and other information about credit scores to applicants, including
the disclosure set forth in Section 609(g)(1)(D) ("Notice to the Home Loan Applicant").
III. OBLIGATIONS OF USERS WHEN CONSUMER REPORTS ARE OBTAINED FOR EMPLOYMENT PURPOSES
A. Employment Other Than in the Trucking Industry
If the information from a CRA is used for employment purposes, the user has specific duties, which are set forth in Section 604(b) of
the FORA. The user must:
• Make a clear and conspicuous written disclosure to the consumer before the report is obtained, in a document that consists
solely of the disclosure, that a consumer report may be obtained.
• Obtain from the consumer prior written authorization. Authorization to access reports during the term of employment may
be obtained at the time of employment.
• Certify to the CRA that the above steps have been followed, that the information being obtained will not be used in violation
of any federal or state equal opportunity law or regulation, and that, if any adverse action is to be taken based on the consumer
report, a copy of the report and a summary of the consumer's rights will be provided to the consumer.
• Before taking an adverse action, the user must provide a copy of the report to the consumer as well as the summary of
consumer's rights. (The user should receive this summary from the CRA.) A Section 615(a) adverse action notice should be
sent after the adverse action is taken.
An adverse action notice also is required in employment situations if credit information (other than transactions and experience data)
obtained from an affiliate is used to deny employment. Section 615(b)(2).
The procedures for investigative consumer reports and employee misconduct investigations are set forth below.
B. Emplovment in the Trucking Industry
Special rules apply for truck drivers where the only interaction between the consumer and the potential employer is by mail, telephone,
or computer. In this case, the consumer may provide consent orally or electronically, and an adverse action may be made orally, in
writing, or electronically. The consumer may obtain a copy of any report relied upon by the trucking company by contacting the
company.
IV. OBLIGATIONS WHEN INVESTIGATIVE CONSUMER REPORTS ARE USED
Investigative consumer reports are a special type of consumer report in which information about a consumer's character, general
reputation, personal characteristics, and mode of living is obtained through personal interviews by an entity or person that is a consumer
reporting agency. Consumers who are the subjects of such reports are given special rights under the FORA. If a user intends to obtain
an investigative consumer report, Section 606 requires the following:
• The user must disclose to the consumer that an investigative consumer report maybe obtained. This must be done in a written
disclosure that is mailed, or otherwise delivered, to the consumer at some time before or not later than three days after the date
on which the report was first requested. The disclosure must include a statement informing the consumer of his or her right to
request additional disclosures of the nature and scope of the investigation as described below, and the summary of consumer
rights required by Section 609 of the FORA. (The summary of consumer rights will be provided by the CRA that conducts the
investigation.)
• The user must certify to the CRA that the disclosures set forth above have been made and that the user will make the disclosure
described below.
• Upon the written request of a consumer made within a reasonable period of time after the disclosures required above, the user
must make a complete disclosure of the nature and scope of the investigation. This must be made in a written statement that is
mailed or otherwise delivered, to the consumer no later than five days after the date on which the request was received from
the consumer or the report was first requested, whichever is later in time.
DataQuest CSA Rev: 20201214 (SP rev) — 202306222023FSUM Page 12 of 15
V. SPECIAL PROCEDURES FOR EMPLOYEE INVESTIGATIONS
Section 603(x) provides special procedures for investigations of suspected misconduct by an employee or for compliance with Federal,
state or local laws and regulations or the rules of a self-regulatory organization, and compliance with written policies of the employer.
These investigations are not treated as consumer reports so long as the employer or its agent complies with the procedures set forth in
Section 603(x), and a summary describing the nature and scope of the inquiry is made to the employee if an adverse action is taken
based on the investigation.
VI. OBLIGATIONS OF USERS OF MEDICAL INFORMATION
Section 604(g) limits the use of medical information obtained from consumer reporting agencies (other than payment information that
appears in a coded form that does not identify the medical provider). If the information is to be used for an insurance transaction, the
consumer must give consent to the user of the report or the information must be coded. If the report is to be used for employment
purposes — or in connection with a credit transaction (except as provided in federal regulations) — the consumer must provide specific
written consent and the medical information must be relevant. Any user who receives medical information shall not disclose the
information to any other person (except where necessary to carry out the purpose for which the information was disclosed, or as permitted
by statute, regulation, or order).
WIWX1rKIN11Memo] Il1l`yt1. K11M97WM701Biel011—mm1 0
The FCRA permits creditors and insurers to obtain limited consumer report information for use in connection with unsolicited offers of
credit or insurance under certain circumstances. Sections 603(1), 604(c), 604(e), and 614(d). This practice is known as "prescreening"
and typically involves obtaining from a CRA a list of consumers who meet certain pre -established criteria. If any person intends to use
prescreened lists, that person must (1) before the offer is made, establish the criteria that will be relied upon to make the offer and to
grant credit or insurance, and (2) maintain such criteria on file for a three-year period beginning on the date on which the offer is made
to each consumer. In addition, any user must provide with each written solicitation a clear and conspicuous statement that:
• Information contained in a consumer's CRA file was used in connection with the transaction.
• The consumer received the offer because he or she satisfied the criteria for credit worthiness or insurability used to screen for
the offer.
• Credit or insurance may not be extended if, after the consumer responds, it is determined that the consumer does not meet the
criteria used for screening or any applicable criteria bearing on credit worthiness or insurability, or the consumer does not
furnish required collateral.
• The consumer may prohibit the use of information in his or her file in connection with future prescreened offers of credit or
insurance by contacting the notification system established by the CRA that provided the report. The statement must include
the address and toll-free telephone number of the appropriate notification system.
In addition, the CFPB has established the format, type size, and manner of the disclosure required by Section 615(d), with which users
must comply. The relevant regulation is 12 CFR 1022.54.
VIII. OBLIGATIONS OF RESELLERS
A. Disclosure and Certification Requirements
Section 607(e) requires any person who obtains a consumer report for resale to take the following steps:
• Disclose the identity of the end-user to the source CRA.
• Identify to the source CRA each permissible purpose for which the report will be furnished to the end-user.
• Establish and follow reasonable procedures to ensure that reports are resold only for permissible purposes, including
procedures to obtain:
(1) the identify of all end-users;
(2) certifications from all users of each purpose for which reports will be used; and
(3) certifications that reports will not be used for any purpose other than the purpose(s) specified to the reseller. Resellers must
make reasonable efforts to verify this information before selling the report.
B. Reinvestigations by Resellers
Under Section 611(f), if a consumer disputes the accuracy or completeness of information in a report prepared by a reseller, the reseller
must determine whether this is a result of an action or omission on its part and, if so, correct or delete the information. If not, the reseller
must send the dispute to the source CRA for reinvestigation. When any
CRA notifies the reseller of the results of an investigation, the reseller must immediately convey the information to the consumer.
DataQuest CSA Rev: 20201214 (SP rev) — 202306222023FSUM Page 13 of 15
C. Fraud Alerts and Resellers
Section 605A(f) requires resellers who receive fraud alerts or active duty alerts from another consumer reporting agency to include these
in their reports.
IX. LIABILITY FOR VIOLATIONS OF THE FCRA
Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits.
Sections 616, 617, and 621. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may
face criminal prosecution. Section 619.
The CFPB's website, www.consumerfinance.gov/learnmore, has more information about the FCRA, including publications for
businesses and the full text of the FCRA.
Citations for FCRA sections in the U.S. Code, 15 U.S.C. § 1618 et seq.:
Section 602
15 U.S.C.
1681
Section 615
15 U.S.C.
1681m
Section 603
15 U.S.C.
1681a
Section 616
15 U.S.C.
1681n
Section 604
15 U.S.C.
1681b
Section 617
15 U.S.C.
16810
Section 605
15 U.S.C.
1681c
Section 618
15 U.S.C.
1681p
Section 605A
15 U.S.C.
1681cA
Section 619
15 U.S.C.
1681q
Section 605B
15 U.S.C.
168leB
Section 620
15 U.S.C.
168lr
Section 606
15 U.S.C.
1681d
Section 621
15 U.S.C.
1681s
Section 607
15 U.S.C.
168le
Section 622
15 U.S.C.
1681s-1
Section 608
15 U.S.C.
1681f
Section 623
15 U.S.C.
1681s-2
Section 609
15 U.S.C.
1681g
Section 624
15 U.S.C.
1681t
Section 610
15 U.S.C.
1681h
Section 625
15 U.S.C.
168lu
Section 611
15 U.S.C.
1681i
Section 626
15 U.S.C.
1681v
Section 612
15 U.S.C.
1681j
Section 627
15 U.S.C.
1681w
Section 613
15 U.S.C.
1681k
Section 628
15 U.S.C.
168lx
Section 614
15 U.S.C.
16811
Section 629
15 U.S.C.
1681y
DataQuest CSA Rev: 20201214 (SP rev) — 202306222023FSUM Page 14 of 15
DA'(II` EST
2
4
CERTIFICATION OF USE FOR
EMPLOYMENT INSIGHT REPORTS
(Consumer Credit Report for Employment Purposes)
DataQuest ("Reseller") has access to consumer reports from one or more consumer credit reporting agencies.
Client ("End User") is a
Local Government entitiy
and has a need for consumer credit information
(nature / type of business)
in connection with the evaluation of individuals for employment, promotion, reassignment or retention as an
employee ("Consumer Report for Employment Purposes").
End User shall request Consumer Report for Employment Purposes pursuant to procedures prescribed by Reseller
from time to time only when it is considering the individual inquired upon for employment, promotion,
reassignment or retention as an employee, and for no other purpose. End User shall comply with any federal and
state laws which may restrict or ban the use of Consumer Report for Employment Purposes.
End User certifies that it will not request a Consumer Report for Employment Purposes unless:
A. A clear and conspicuous disclosure is first made in writing to the consumer by End User before the report is
obtained, in a document that consists solely of the disclosure, that a consumer report may be obtained for
employment purposes;
B. The consumer has authorized in writing the procurement of the report; and
C. Information from the Consumer Report for Employment Purposes will not be used in violation of any
applicable federal or state equal employment opportunity law or regulation.
End User further certifies that before taking adverse action in whole or in part based on the Consumer Report for
Employment Purposes, it will provide the consumer:
A. A copy of the Consumer Report for Employment Purposes; and
B. A copy of the consumer's rights, in the format approved by the Federal Trade Commission (FTC) and/or
Consumer Financial Protection Bureau (CFPB).
End User shall use Consumer Report for Employment Purposes only for a one-time use, and shall hold the report
in strict confidence, and not disclose it to any third parties that are not involved in the employment decision.
End User will maintain copies of all written authorizations for a minimum of five (5) years from the date of inquiry.
With just cause, such as violation of the terms of End User's contract or a legal requirement, or a material change
in existing legal requirements that adversely affects End User's Agreement, Reseller may, upon its election,
discontinue serving the End User and cancel the agreement immediately.
City of Tukwila
DATAQUEST, LLC
Cllieenntt� Company Name (`'End User") ("Reseller")
............ GIGiili'10..... i?f....
'ha JAI so'i (Qt Il, 1119:Ob. 9F�n
Signature Signature
TC Croone Shannon Johnson
Print Name Print Name
Chief People Officer 12/17/2025 President 12/17/2025
Title Date Title Date
DataQuest CSA Rev: 20201214 (SP rev) — 202306222023FSUM Page 15 of 15