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3. Warranties and Reservations <br /> 3.1 Each service provided pursuant to this agreement shall be conducted and <br /> provided in accordance with generally accepted practice in the relevant <br /> industry. The Contractor shall comply with state and federal statute. No <br /> other warranty, express or implied, is provided by the Contractor. <br /> 3.2 The Contractor shall maintain complete written records of its files <br /> pertaining to candidates for two years following the background check, in <br /> accordance with the Fair Credit Reporting Act statute of limitations. The <br /> Contractor expressly agrees and warrants that the Contractor has <br /> acquired all tests and written materials utilized in accordance with the <br /> appropriate copyright agreements and laws and that it has a valid right to <br /> use and administer any written materials and tests in accordance with <br /> such agreements and laws. <br /> 3.3 The Contractor retains a right of co-ownership to its work product <br /> produced under this contract including the right to use, reuse or resell all <br /> or any portion of the materials, reports, and information gathered during <br /> the investigation. <br /> 4. Certifications <br /> 4.1 Consumer Reports: The Client is aware that the Fair Credit Reporting Act <br /> applies to background checks conducted by third-party investigators. <br /> Therefore, in accordance with the Fair Credit Reporting Act, the Client <br /> makes the following certifications to the Contractor: <br /> 4.1.1. The Client certifies that it seeks the information contained in the <br /> background check provided by the Contractor for employment purposes. <br /> 4.1.2. The Client further certifies that Client will not use the background <br /> check for any purpose except for employment purposes. <br /> 4.1.3. The Client also certifies that before taking an adverse action based <br /> in whole or in part on the background check, the Client shall provide to the <br /> candidate a copy of the background check report and a description in <br /> writing of the rights of the candidate under the Fair Credit Reporting Act, <br /> as written by the Federal Trade Commission. The Contractor will provide a <br /> copy of the candidate's rights under the Fair Credit Reporting Act at the <br /> time the background check is provided to the Client. <br /> 4.1.4. The Client is further required to certify that prior to procuring a <br /> background check from Contractor, the Client will (a) make a clear and <br /> conspicuous disclosure in writing to the candidate for employment, in a <br /> document that consists solely of the disclosure, that a consumer report <br /> may be obtained for employment purposes; and (b) obtain from the <br /> candidate for employment an authorization in writing that the Client may <br /> Specialized Services Agreement Page 4 of 8 PST Investigations <br /> City of Everett, WA 2019 Public Safety Testing, Inc. <br />