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042-24 - PST Investigation - ContractDocuSign Envelope ID: 741426D9-63EB-4B3B-9C88-EAA653FA3CE8 SPECIALIZED SERVICES AGREEMENT WHEREAS PST Investigations is a skilled provider of pre -employment background investigations, workplace investigations, and other services to public agencies, 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 corrections officers, and 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 Port Orchard Police Department, WA (the "Client"), do enter into this Agreement under the terms and conditions set forth herein. Commencement Date: July 1, 2024 This Agreement will automatically renew annually unless either party provides a 60-day notice as outlined in Section 7. Each annual renewal includes a 5% increase in professional fees. 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]: 1.1 Background Investigation and Report: This service is described in Exhibit A, which is incorporated by this reference as fully as if set forth herein. 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 8 PST Investigations Port Orchard PD, WA 2024 Public Safety Testing, Inc. DocuSign Envelope ID: 741426D9-63EB-4B3B-9C88-EAA653FA3CE8 1.3 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. 1.4 The Client ❑ does ❑ does not require the candidate to submit a financial credit report as part of their background investigation. 1.5 The estimated annual salary (plus anticipated overtime, but without benefits) for this position is ❑ below $75,000 ❑ above $75,000 1.6 For each background investigation, the Client requests the following (unless otherwise noted, most entry-level background investigations' reference interviews will be conducted via telephone): (check all that apply) ❑ Onsite visit to current employer ❑ Personal visit to the candidate's home; interview spouse/significant other/roommates, etc. ❑ 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 @ $150 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 @ $43 c) Investigative, interviews, administrative, and follow-up work at the following rates: PRE -EMPLOYMENT BACKGROUND INVESTIGATIONS 2024 2025 Entry-level Candidates* $77/hour $80/hour Lateral/Certified Entry LE/Corrections Candidates* $83/hour $86/hour Mid -Manager* $102/hour $106/hour Executive -level Candidates $120/hour $125/hour *Expedited Pre -employment Background Request (excluding Executive -level background requests) 20% increase 20% increase Specialized Services Agreement Page 2 of 8 PST Investigations Port Orchard PD, WA 2024 Public Safety Testing, Inc. DocuSign Envelope ID: 741426D9-63EB-4B3B-9C88-EAA653FA3CE8 2.1.1. Under the Fair Credit Reporting Act, candidates 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 2024 2025 Per Candidate Per Candidate EyeDetect Pre -Employment Lie Detection Test $250 $275 Polygraph Examination $400 $420 Polygraph Examination Re -Test Following a Pre -Employment $400 $420 Failed Examination Out -of -State Polygraph Requests An additional 25% fee of An additional 25% fee of PST's cost to the agency PST's cost to the agency EyeDetect Pre -Employment Lie Detection Test. EyeDetect Tests are generally conducted at the Contractor's office(s). Additional fees may be added. Polygraph Examination. Polygraph Examinations are generally conducted at the Examiner's Office(s). Additional fees may be added. 2.3 The Contractor's actual costs 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 direct deposit payments (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. Such a fee aims to cover the Contractor's credit card processing fees. Specialized Services Agreement Page 3 of 8 PST Investigations Port Orchard PD, WA 2024 Public Safety Testing, Inc. DocuSign Envelope ID: 741426D9-63EB-4B3B-9C88-EAA653FA3CE8 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, 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 completing 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 ongoing investigation 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 in the background check provided by the Contractor for employment purposes. Specialized Services Agreement Page 4 of 8 PST Investigations Port Orchard PD, WA 2024 Public Safety Testing, Inc. DocuSign Envelope ID: 741426D9-63EB-4B3B-9C88-EAA653FA3CE8 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 oral, written, or electronic notice of the adverse action and a description in writing of the rights of the candidate under the Fair Credit Reporting Act, as written by the Federal Trade Commission. And provide to the candidate orally, in writing, or electronically the Contractor's name, address, and telephone number. 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 the 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. The disclosure and authorization will be 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 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 candidate 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 their 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 Specialized Services Agreement Page 5 of 8 PST Investigations Port Orchard PD, WA 2024 Public Safety Testing, Inc. DocuSign Envelope ID: 741426D9-63EB-4B3B-9C88-EAA653FA3CE8 later than three days after the date on which the report was first requested. The Client further certifies that the disclosure will include a statement informing the consumer of their right to request the additional disclosures provided under Section 6O6(b) of the Fair Credit Reporting Act. However, the Contractor shall act as the Client's agent for the purposes of making this disclosure. The disclosure will be made during the candidate's application process with the Contractor. 5. Independent Contractor: The Contractor is an independent contractor. Any and all agents, employees, or contractors of the Contractor shall have such relation only with the Contractor. Nothing herein shall be interpreted to create an employment, agency, or contractual relationship between the Client and any employee, agent, or sub- contractor of the Contractor. 6. Indemnity and Hold Harmless: The parties agree and hold harmless each other, their officers, agents, and employees in accordance with the following provisions: 6.1 The Contractor shall indemnify the Client from: 6.1.1 Violation of any copyright agreement or statute relating to the use and administration of the tests or other written materials herein provided for. 6.1.2 Any cost, claim, or liability arising from or out of the claims of an employee, agent, or sub -contractor to the end that the Contractor shall be an independent Contractor, and the Client shall be relieved of any and all claims arising from or relating to such employment relationships or contracts between the Contractor and third parties. 6.1.3 The alleged negligent or tortious act of the Contractor in the provision of services under this Agreement. 6.1.4 Any claim or charge incurred relating to a charge paid by the Client pursuant to Section 2.3 of this Agreement. 6.2 The Client shall indemnify and hold harmless the Contractor, its officers, agents, and employees from any and all cost, claim, or liability arising from or out of the alleged negligent or tortious act of the Client or its officers, agents, or employees in the provision of services hereunder. 6.3 The promises of the Client and Contractor shall include the reasonable cost of legal defense by counsel chosen by the mutual agreement of the parties hereto but shall exclude any cost, claim, or liability arising from breach of this Agreement or the negligent or tortious act of the party seeking indemnity, its officers, agents and/or employees. Specialized Services Agreement Page 6 of 8 PST Investigations Port Orchard PD, WA 2024 Public Safety Testing, Inc. DocuSign Envelope ID: 741426D9-63EB-4B3B-9C88-EAA653FA3CE8 7. Termination: The Contractor and the Client may withdraw from this Agreement at any time for any reason with 60 days written notice, provided, however, that the provisions of paragraphs 3.2 shall remain in full force and effect following the termination of this Agreement with respect to, and continuing for so long as the consent of the candidate tested by the Contractor remains in effect. 8. Entire Agreement, Amendment: This is the entire Agreement between the parties. Any prior agreement, written or oral, shall be deemed merged with its provisions. This Agreement shall not be amended, except in writing, with the express written consent of the parties hereto. This Agreement is dated this 17th day of May '2024. PORT ORCHARD POLICE DEPARTMENT, WA PST INVESTIGATIONS DocuSigned by: By: I�otic,v� PlNatcu&W, Print: Robert Putaansuu Its: Mayor Point of Contact: Matt Brown Title: Chief of Police Address: 546 Bay St. City/State/Zip: Port Orchard, WA 98367 Telephone: (360) 876-1700 BLIC AFETY TESTING, INC. By: May 15, 2024 Print: Jon F. alters, Jr. Its: President Greg Wilson Director of Investigation 20818 44t" Ave W, STE 160 Lynnwood, WA 98036 425.741.8872 / 425.7876.9615 Invoicing Preference (select one): ❑ US Postal Service Mail ap@portorchardwa.gov ® Electronic via email @ Subscriber's Contact for Billing (Please complete if da ferent from the contact information above) Patti Sa tsgaver Contact: Address: Accounts Payable Port Orchard, WA 98366 Title: City/State/Zip: Agency: city of Port Orchard Telephone: 360 876-7019 ap@portorchardwa.gov Email: 216 Prospect Street Specialized Services Agreement Page 7 of 8 PST Investigations Port Orchard PD, WA 2024 Public Safety Testing, Inc. DocuSign Envelope ID: 741426D9-63EB-4B3B-9C88-EAA653FA3CE8 EXHIBIT A BASIC BACKGROUND INVESTIGATIONS SCOPE OF WORK 1. PST discusses the department's scope of work, essential attributes to screen for, etc. 2. The candidate completes the Personal History Statement, notarizes signatures, completes the necessary waiver and notification forms, and submits them 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, telephone interviews 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, on -site visits will be conducted. They will visit current/past agencies and 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 areas they may want to examine closely on any candidate. ■ The Client is aware that the Fair Credit Reporting Act (FCRA) applies to background checks conducted by third -party investigators. The Client must provide a copy of the background check report to a candidate before taking an adverse employment decision based on the reports/records. 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 in the State of Washington. ■ PST will contact the Client at any point during a candidate's background investigation when potentially disqualifying information is obtained. The Client will advise PST on how to proceed at that point. ■ The Client will provide PST with any relevant information on each candidate, such as a copy of the Client's employment application completed by the candidate, waivers, special requests, etc. ■ PST personnel have extensive investigation and/or law enforcement investigative experience. PST investigators are WA -licensed unarmed Private Investigators. ' I Client is required to run checks on government databases that Contractor does not have access to, such as WACIC, NCIC, DOL, etc. Specialized Services Agreement Page 8 of 8 PST Investigations Port Orchard PD, WA 2024 Public Safety Testing, Inc.