2021/10/27 Council Agenda Packet

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: Specialized Services Agreement Page 4 of 8 PST Investigations City of Everett, WA 2022 Public Safety Testing, Inc.