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National Center for Safety Initiatives LLC 8/15/2019
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National Center for Safety Initiatives LLC 8/15/2019
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Last modified
8/22/2019 11:00:04 AM
Creation date
8/22/2019 10:59:54 AM
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Contracts
Contractor's Name
National Center for Safety Initiatives LLC
Approval Date
8/15/2019
Department
Parks
Department Project Manager
Kimberly Shelton
Subject / Project Title
Background Checks for Seasonal Employees
Tracking Number
0001979
Total Compensation
$5,000.00
Contract Type
Agreement
Contract Subtype
Professional Services
Retention Period
6 Years Then Destroy
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DocuSign Envelope ID:4F8A5C36-6108-4FB3-9B63-6018FD5692BB <br /> NATIONAL CENTER FOR SAFETY INITIATIVES END-USER AGREEMENT <br /> consumer reports,that the information products will meet End-User's needs,or will be provided on an <br /> uninterrupted basis;Company expressly disclaims any and all such representations and warranties. <br /> COMPANY WILL NOT BE LIABLE TO END-USER FOR DAMAGES,AND END-USER HEREBY <br /> RELEASES COMPANY FROM ANY LIABILITY FOR DAMAGES ARISING UNDER ANY THEORY OF <br /> LEGAL LIABILITY TO THE FULLEST EXTENT THAT END-USER MAY LEGALLY AGREE TO RELEASE <br /> COMPANY FROM LIABILITY FOR SUCH DAMAGES. NONETHELESS,IN THE EVENT COMPANY IS <br /> DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE TO END-USER FOR ANY <br /> MATTER ARISING UNDER OR RELATING TO THIS AGREEMENT,WHETHER ARISING IN CONTRACT, <br /> EQUITY,TORT OR OTHERWISE(INCLUDING WITHOUT LIMITATION ANY CLAIM FOR <br /> NEGLIGENCE),THE AMOUNT OF DAMAGES RECOVERABLE AGAINST COMPANY FOR ALL SUCH <br /> MATTERS WILL NOT EXCEED,IN THE AGGREGATE,THE AMOUNT PAID TO COMPANY BY END- <br /> USER FOR THE SERVICE TO WHICH A GIVEN CLAIM RELATES PROVIDED PURSUANT TO THIS <br /> AGREEMENT AND RECOVERY OF THE AMOUNT IS END-USER'S SOLE AND EXCLUSIVE REMEDY <br /> HEREUNDER. IN THE EVENT COMPANY IS LIABLE TO END-USER FOR ANY MATTER RELATING TO <br /> THIS AGREEMENT,WHETHER ARISING IN CONTRACT,EQUITY OR TORT(INCLUDING WITHOUT <br /> LIMITATION ANY CLAIM FOR NEGLIGENCE),AND IN ADDITION TO ANY OTHER LIMITATION OF <br /> LIABILITY OR REMEDY SET FORTH IN THIS AGREEMENT,THE AMOUNT OF DAMAGES <br /> RECOVERABLE AGAINST COMPANY WILL NOT INCLUDE ANY AMOUNTS FOR INDIRECT OR <br /> CONSEQUENTIAL DAMAGES,INCLUDING LOST PROFITS,LOST INCOME,OR LOST SAVINGS,OR <br /> FOR ANY AMOUNTS WITH RESPECT TO CLAIMS AGAINST COMPANY,EVEN IF COMPANY HAS <br /> BEEN ADVISED OF THE POSSIBILITY FOR SUCH DAMAGES. <br /> Company does not guarantee End-User's compliance with all applicable laws in its use of reported information, <br /> and does not provide legal or other compliance related services upon which End-User may rely in connection with <br /> its furnishing of reports. End-User understands that any documents,information,conversations or communication <br /> with Company's representatives regarding searches,verifications or other services offered by Company are not to <br /> be considered a legal opinion regarding such use. End-User agrees that(1)it will consult with its own legal or <br /> other counsel regarding the use of background screening information,including but not limited to,the legality of <br /> using or relying on reported information and to review any forms as well as the content of prescribed notices, <br /> adverse or pre-adverse action letters and any attachments to this Agreement for compliance with all applicable <br /> laws and regulations and(2)the provision of such notices,pre-adverse or adverse action letters and the contents <br /> thereof is the sole responsibility of End-User not Company. <br /> Term and Termination <br /> The term of this Agreement shall begin on the date it is executed by End-User and shall be in effect for one(1) <br /> year beginning on the first day of the assigned date below and renewed automatically for one(1)year each year on <br /> its anniversary date,if no written notice is received by either party at least sixty(60)days prior to end of term. <br /> Except as otherwise provided for herein,either party may cancel this Agreement by giving at least sixty(60)days <br /> written notice to the other party. If End-User desires to terminate this Agreement,End-User agrees that it will pay <br /> Company for all services that have been provided prior to the effective date of termination. Company may <br /> terminate or revise the provisions of this Agreement immediately upon written notice if End-User is the debtor in a <br /> bankruptcy action or in an assignment for the benefit of creditors or if End-User undergoes a change in ownership. <br /> Termination of this Agreement by either party does not release End-User from its obligation to pay for services <br /> rendered or other responsibilities and agreements made. <br /> In addition to any and all other rights a party may have available according to law,if a party defaults by failing to <br /> perform any provision,term or condition of this Agreement the other party may terminate the Agreement by <br /> providing written notice to the defaulting party.This notice shall describe with sufficient detail the nature of the <br /> default. The party receiving such notice shall have fifteen(15)days from the receipt of such notice to cure the <br /> default(s). Unless waived by party providing notice,the failure to cure the default(s)within such time period shall <br /> result in the automatic termination of this Agreement. <br /> During the term of this Agreement,Company will be the exclusive provider to the End-User except for services <br /> not provided herein. <br />
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