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HomeMy WebLinkAboutPREMIER EMPLOYMENT SCREENING SERVICES - CONTRACT - RFP - P1064 BACKGROUND SCREENING SERVICESSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS COLORADO a Municipal Corporation hereinafter referred to as the City and Premier Employment Screening Services hereinafter referred to as Service Provider WITNESSETH In consideration of the mutual covenants and obligations herein expressed it is agreed by and between the parties hereto as follows 1 Scope of Services The Service Provider agrees to provide services in accordance with the Scope of Services attached hereto as Exhibit 'A" consisting of seven (7) pages and incorporated herein by this reference 2 Contract Period This Agreement shall commence March 31 2008 and shall continue in full force and effect until March 31 2009 unless sooner terminated as herein provided In addition at the option of the City the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties The Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office will be used as a guide Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end 3 Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence then the party so prevented shall be excused from whatever performance is prevented by such cause To the extent that the performance is actually prevented the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition SA 09/01 /06 t c) Statewide Criminal Record Checks Service Provider conducts rigorous and ongoing testing for the quality timeliness accessibility and content of state repositories and continually updates the Premier Preferred States List to illustrate where statewide data is comparable to a county court record check Data available may reflect arrest or disposition information obtained by police departments county cases forwarded from local courts or other criminal data housed by the state In non -preferred states Service Provider automatically conducts county court record checks d) Federal Court Record Checks Federal search results provide information on criminal activity that occurred outside the county or state jurisdiction and was prosecuted at the federal district court level Examples of criminal activity include kidnapping drug trafficking interstate transportation of stolen goods bank robbery and embezzlement Federal court record checks typically yield low percentage hit rates and only involve the most serious crimes e) International Criminal Searches These can be completed on an a la carte as requested basis 4 National Criminal Offender Scan A National Criminal Offender Scan is used to identify criminal activity in jurisdictions outside of current and previous residence and employment geographical locations Although national criminal record checks provide the broadest coverage available the data is complied from court and non -court records including information from the Department of Correction s incarceration parole and release files Administrative Office of Court records and state and county criminal records and often contains information that may not be usable in the hiring process To mitigate the potential liability inherent with other screening services national scans Service Provider automatically researches any potential hit/record directly with the court Motor Vehicle Driving Record Service Provider will obtain the candidates Motor Vehicle Driving Record to cover at least the previous three years (including any available Commercial Driver License ( CDL ) information when applicable) from each state for which the candidate provides a license number and state of issue 6 Standard Employment and Department of Transportation (DOT) Employment Verification Information is solicited for such items as dates of employment position or title wages and salary attendance record reasons for leaving eligibility for re -hire job duties evaluation of work performance interaction with others and disciplinary actions The DOT Employment Verification is conducted as a supplement to the standard employment verification Service Providers staff will promptly and professionally solicit answers to six questions required by the Federal DOT in the Code of Federal Regulations This verification provides deeper insight into the applicants previous testing levels refusals to test violations to the DOT prohibitions rehabilitation program participation and reportable accidents SA 09/01 /06 10 Sex Offender Registry Check The Sex Offender Registry check provides information regarding felony and misdemeanor convictions of any sexual assault aggravated sexual assault aggravated criminal sexual contact and/or kidnapping under Megan s Law Reports offer the offense date charge and offense classification and additional identifiers if available Individuals on these registries are required to register in the state in which they reside Service Provider can search a single state or conduct a National Sex Offender Registry search State policies vary and may only provide information on high risk/repeat offenders 8 Wants and Warrants Arrest warrant information can be a valuable addition to a criminal history search In the event that a current outstanding arrest warrant is found the report will include the issuing agency name and contact information and the reason or charge Note Service Provider will work with City to develop a legally defensible policy regarding the use of wants and warrants information especially when arrest information may not be useable in the hiring process 9 IntegraCheckTM IntegraCheckTM systematically applies a pass review or fail (green yellow or red) grade to each applicant according to customer specific hiring criteria If the applicant is ranked as green no further action is required A yellow grade would include a link to a summary report for final determination of hiring eligibility A red grade could simply suspend the hiring process and trigger Adverse Action Notification IntegraCheckTM simplifies the hiring process improves compliance and hiring uniformity maintains candidate privacy and reduces critical time to hire IntegraCheckTm helps employers avoid unlawful employment practices associated with Title VII of the Civil Rights Act of 1964 the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) by applying consistent customer criteria to every applicant 10 1-9 Verification Quickly and easily verifies the work authorization of newly hired employees through the Department of Homeland Security (DHS) Falling under the jurisdiction of U S Citizenship and Immigration Service s (USCIS) Systematic Alien Verification for Entitlements (SAVE) Program Service Provider is able to conduct employment verification of potential candidates 11 Applican This is a simple and straight -forward process that permits the pre -hire candidate to complete and submit key personal data for employee verification Using a secure web page the candidate completes the necessary (user defined) data that automatically initiates the screening services 12 Education Confirmation Service Provider will verify all relevant education obtained based on the information provided by the candidate or by City Service Provider will attempt to verify International Education a la carte as requested SA 09/01 /06 11 13 Credit Report This report allows the employer insight to the applicants level of fiduciary responsibility This nationwide check is conducted in compliance with the Fair Credit Reporting Act (FCRA) and all applicable county state and federal laws 14 Military Service Verification In addition to verifying information an applicant provides on his or her job application or resume this product offers detailed reports regarding military service The report provides such details as dates of service rank pay character of service job description and/or specialties decorations and medals performance and reason for discharge 15 Workers' Compensation Claim History Provides a history of the applicants work related injuries filed by the employer Searches assist employers in placing new hires in positions suited to their physical abilities Reports usually include claim information injury type date and case number These reports adhere to the provisions of the Americans with Disabilities Act (ADA) An applicant must have been given a conditional offer of employment prior to executing a Workers Compensation search 16 Health and Human Services Report A query is conducted with the Department of Health & Human Services which provides information on individuals who have been convicted of Medicaid or Medicare fraud The search displays those individuals and entities currently excluded from participation in Medicare Medicaid and all other federal health care programs To allow the City to make different risk management decisions depending on the individual or entity Service Provider offers multiple levels of screening for healthcare individuals The levels vary in the depth of the sanction search provided 17 Patriot Act Scan (Terrorist Watch List) This service identifies individuals designated as terrorists by the Office of Foreign Asset Control ( OFAC ) through a comprehensive search of US agencies as well as international sources 18 Data Entry Services A Service Provider Data Entry Specialist will place the City s orders based on a faxed FCRA background check form 19 Credential and Professional License Verification Checking an applicants professional license or credentials verifies the qualifications and the integrity of the applicant by confirming that credentials and licenses stated on a job application or resume are correct 20 Personal Reference Check Contacts to colleagues and co-workers listed on the applicant s resume or job application are done to obtain a full assessment of the individual The applicants capabilities integrity ethics and work record are questioned The reference will have an opportunity to offer additional comments regarding the applicant Tailored questions can offer additional insight SA 09/01 /06 12 21 Substance Abuse Testing Consists of a nationwide administration of employee drug and alcohol testing programs that strictly adhere to federal and state guidelines for both Department of Transportation ( DOT ) applicants and non -DOT applicants Partnerships developed with several of the nation s top drug testing vendors provide us with thousands of DHHS (Department of Health and Human Services) certified and trained collection sites and one of the largest collection networks in the nation Screenings are done pre employment post accident randomly under reasonable suspicion and for return to work release 23 Adverse Action Notification Whenever City decides not to hire an applicant based in whole or in part on his/her background screening results the Fair Credit Reporting Act ( FCRA ) requires City to complete Adverse Action To simplify this process Service Provider has the ability to send applicants the necessary correspondence letters (Pre Adverse Action and Adverse Action) copies of the background screening reports and handles any applicant disputes that may arise Pre Adverse Action and Adverse Action letters can also be made available for the customer to print and send 25 Bundled, Flat -Rate, All-inclusive Packages To manage costs improve compliance and ensure consistency Service Provider can create unlimited flat -rate all inclusive roll -specific packages Based on the best - practices of other Service Provider clients the following packages are recommended Alternative or additional packages can be created and priced during implementation Inclusive means there will be NO additional third -party fees charged BASIC PACKAGE • A Social Security Number Validation • A Name and Address Trace to pre -determine jurisdictions to search for criminal records • A Nationwide Sex Offender Registry Check Based on the applicants disclosure and the results of the Name and Address Trace Each additional County Court Criminal History Check will be ordered a la carte for the fee illustrated in Exhibit B plus applicable county court fees Each additional Colorado Multiple County Court Record Check will be ordered a la carte for the INCLUSIVE fee (there are no third party fees for Colorado Multiple County Court Checks) illustrated in Exhibit B 26 Standard Volunteer Package For volunteers who may be placed in environments with minimal or no direct supervision • A Social Security Number Validation • Colorado Multiple County Court Record Check • A Nationwide Sex Offender Registry Check SA 09/01/06 13 27 Standard Employment Package • A Social Security Number Validation • A Name and Address Trace to pre -determine the jurisdictions to search for criminal records • Multiple County Court Criminal History Checks (or Statewide repository checks when Service Provider has determined that the state data is as good or better than the county level search) to cover all addresses disclosed by the candidate or revealed by Service Providers Name and Address Trace Report • A Nationwide Sex Offender Registry Check Revised Basic Package • A Social Security Number Validation • A Name and Address Trace to pre -determine jurisdictions to search for criminal records • Colorado Multiple County Court Record Check • A Colorado Sex Offender Registry Check • A Nationwide Sex Offender Registry Check SA 09/01 /06 14 EXHIBIT B FEESCHEDULE Page 1 of 2 For Prosoective Emolovees Contractors or Volunteers Service Name Fee ► Social Security Number Validation $0 90 ► Name and Address Trace $2 90 ► Criminal History Check County Court Criminal Record Checks Searches $8 90* Colorado Multiple County Criminal Record Checks $7 90 Statewide Criminal Record Checks $9 90* Federal Court Record Checks $9 90* International Criminal Searches Varies ► National Criminal Offender Scan $11 90* ► Motor Vehicle Driving Record $2 50* ► Standard Employment and Department of $9 00* Transportation (DOT) Employment Verification (per former employer) ► Sex Offender Registry Check $3 00 Wants and Warrants $9 90* ► IntegraCheckTm ► I-9 Verification ► Applican ► Education Confirmation ► Credit Report ► Military Service Verification ► Workers' Compensation Claim History ► Health and Human Services Report ► Patriot Act Scan (Terrorist Watch List) SA 09/01 /06 15 $6 90 $6 90 Subscription Price Varies $7 90* $8 90 $7 90* $5 90* $5 90 $5 90 EXHIBIT B FEESCHEDULE Page 2 of 2 Service Name ► Data Entry Services ► Credential and Professional License Verification ► Personal Reference Check ► Personal Reference Check ► Substance Abuse Testing ► Adverse Action Notification Fee $2 90 per candidate $7 90* per license $7 90 per reference $7 90 per reference Fee Varies $6 90 * Indicates that third party fees (state, county, agency, institution, employment verification lines etc ) may be passed through to the City APPLIES TO "A LA CARTE ORDERS ONLY PACKAGE PRICING IS INCLUSIVE OF ALL FEES • Each additional County Court Criminal History Check $8 90 will be ordered `a la carte (plus county court fees) • Each additional Colorado Multiple County Court Record Check will be ordered "a la carte' $7 90 Inclusive (No third party fees for Colorado Multiple County Court Checks Bundled, Flat -Rate. AII-Inclusive Packaaes Fee Basic Package $6 80 Standard Volunteer Package $11 80 Inclusive Standard Employment Package $23 66 Inclusive Revised Basic Package $17 80 Inclusive Set Up Fees • There is a one-time $50 00 set up fee for a standard account • For Credit Report Access, there is an additional $75 00 set-up fee 90 Day Review Package pricing is based on an average of 1 6 County Court Record Checks per person After 90 days of use, Service Provider will work with the City to review actual usage and establish a revised flat rate package price based on the actual number of County Court Record checks ordered SA 09/01 /06 16 EXHIBIT "C" INSURANCE REQUIREMENTS 1 The Service Provider will provide from insurance companies acceptable to the City the insurance coverage designated hereinafter and pay all costs Before commencing work under this bid the Service Provider shall furnish the City with certificates of insurance showing the type amount class of operations covered effective dates and date of expiration of policies and containing substantially the following statement The insurance evidenced by this Certificate will not be cancelled or materially altered except after ten (10) days written notice has been received by the City of Fort Collins In case of the breach of any provision of the Insurance Requirements the City at its option may take out and maintain at the expense of the Service Provider such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement The City its officers agents and employees shall be named as additional insureds on the Service Providers general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement Insurance coverage shall be as follows A Workers Compensation & Employer's Liability The Service Provider shall maintain during the life of this Agreement for all of the Service Providers employees engaged in work performed under this agreement Workers Compensation insurance with statutory limits as required by Colorado law Employers Liability insurance with limits of $100 000 per accident $500 000 disease aggregate and $100 000 disease each employee B Commercial General & Vehicle Liability The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury including accidental death as well as for claims for property damage which may arise directly or indirectly from the performance of work under this Agreement Coverage for property damage shall be on a broad form" basis The amount of insurance for each coverage Commercial General and Vehicle shall not be less than $500 000 combined single limits for bodily injury and property damage In the event any work is performed by a subcontractor the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor which liability is not covered by the subcontractors insurance SA 09/01 /06 17 EXHIBIT "D" CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the City ) pursuant to this Agreement (the Agreement ) the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials In consideration of access to certain information data and material (hereinafter individually and collectively regardless of nature referred to as Information ) that are the property of and/or relate to the City or its employees customers or suppliers which access is related to the performance of services that the Service Provider has agreed to perform the Service Provider hereby acknowledges and agrees as follows That Information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary The Service Provider agrees to treat as confidential (a) all Information that is owned by the City or that relates to the business of the City or that is used by the City in carrying on business and (b) all Information that is proprietary to a third party (including but not limited to customers and suppliers of the City) The Service Provider shall not disclose any such Information to any person not having a legitimate need -to -know for purposes authorized by the City Further the Service Provider shall not use such Information to obtain any economic or other benefit for itself or any third party except as specifically authorized by the City The foregoing to the contrary notwithstanding the Service Provider understands that it shall have no obligation under this Agreement with respect to Information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement or (b) is required by law regulation or court order to be disclosed provided that the request for such disclosure is proper and the disclosure does not exceed that which is required In the event of any disclosure under (b) above the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure In the event that the Service Provider ceases to perform services for the City or the City so requests for any reason the Service Provider shall promptly return to the City any and all Information described hereinabove including all copies notes and/or summaries (handwritten or mechanically produced) thereof in its possession or control or as to which it otherwise has access The Service Provider understands and agrees that the City s remedies at law for a breach of the Service Providers obligations under this Confidentiality Agreement may be inadequate and that the City shall in the event of any such breach be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law SA 09/01 /06 18 EXHIBIT "E" SPECIAL PROVISIONS 1 REPORT USER OBLIGATIONS A) The City agrees to review the Notice to Users of Reports Obligations of Users under the Fair Credit Reporting Act ( FCRA ) at www ftc gov or as otherwise provided by Service Provider and perform legal obligations as set forth in such notice Service Provider will abide by all of the provisions of the FCRA as they pertain to the obligations of Service Provider acting as a Consumer Reporting Agency B) The City agrees to obtain and use Reports provided by Service Provider only for the specific permissible purpose or purposes as set forth in this Agreement and only in accordance with applicable law The City may disclose information within any Report obtained from Service Provider in accordance with applicable law to the candidate who is the subject of such Report or as ordered by a court or a federal grand jury subpoena C) The City agrees to obtain the proper written authorization from the candidate for a Report prior to requesting the Report D) The City agrees to ensure that Reports will be requested only by City s Primary Authorized User or additional Authorized User(s) E) The City will use its best efforts to verify the candidate s identity F) The City agrees to be responsible for the security and dissemination of Customer Number(s) Authorized User Name(s) Password(s) or other Account Identifier(s) used to access information from Service Provider Authorized User will change user name and password every 90 days from the date of the agreement G) The City agrees to be responsible for the security and dissemination of Reports and will take appropriate measures to dispose of sensitive information derived from Reports H) The City agrees to receive such communications as Service Provider deems necessary to ensure the City is made aware of changes in procedure or applicable law 1) If Reports will be used for employment purposes the City agrees to (i) make a clear written disclosure to the candidate before the Report is requested that a Report may be obtained for employment purposes (n) obtain prior written authorization from the candidate for the procurement of the Report (which authorization may be made on the document referred to in clause (i)) (m) provide to the candidate a summary of their rights as prescribed by the Federal Trade Commission (v) certify to Service Provider 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 (vi) have policies and procedures in place that address the use of Reports SA 09/01 /06 19 4 Early Termination by City/Notice Notwithstanding the time periods contained herein the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties All notices provided under this Agreement shall be effective when mailed postage prepaid and sent to the following addresses Cltv Service Provider City of Fort Collins Premier Employment Screening Services Attn Purchasing Division Attn Chris Baker P O Box 580 113 South College Ave Fort Collins CO 80522 Fort Collins CO 80524 In the event of early termination by the City the Service Provider shall be paid for services rendered to the date of termination subject only to the satisfactory performance of the Service Provider's obligations under this Agreement Such payment shall be the Service Providers sole right and remedy for such termination 5 Contract Sum The City shall pay the Service Provider for the performance of this Contract subject to additions and deletions provided herein per the attached Exhibit B Fee Schedule consisting of two (2) pages and incorporated herein by this reference 6 City Representative The City will designate prior to commencement of the work its representative who shall make within the scope of his or her authority all necessary and proper decisions with reference to the services provided under this agreement All requests concerning this agreement shall be directed to the City Representative 7 Independent Service provider The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins The City shall not be responsible for withholding any portion of Service Providers compensation hereunder for the payment of FICA Workmen s Compensation or other taxes or benefits or for any other purpose SA 09/01 /06 2 J) If an Investigative Consumer Report (a Report containing information about a candidates character general reputation personal characteristics or mode of living obtained through personal interviews) will be procured from Service Provider the City agrees to (i) make a clear and accurate written disclosure to the candidate that (a) an Investigative Consumer Report including information as to his character general reputation personal characteristics and mode of living whichever are applicable may be requested and (b) includes a statement informing the candidate of his or her right to request additional disclosures of the nature and scope of the investigation and the summary of candidate rights required by Section 609 of the FCRA (n) make a complete disclosure of the nature and scope of the investigation requested if requested in writing by the candidate within a reasonable period of time after the disclosures required above This disclosure must be made in a written statement that is mailed or otherwise delivered to the candidate no later than five business days after the date on which the request was received from the candidate or the Report was first requested whichever is the later (K) If the City takes any type of adverse action that is based at least in part on information contained in a Report obtained from Service Provider in advance of the decision being made City agrees to provide proper additional notice to the candidate a copy of the Report obtained and a Summary of Rights as required by the FCRA In addition the City agrees to provide the candidate with Service Providers address and toll -free number as well as a notice of their right to dispute the accuracy of the Report provided to the candidate 2 SERVICES A) The City will execute and deliver to Service Provider any documents and forms as Service Provider deems necessary to provide to the City services under any requirements of governmental data sources and Consumer Reporting agencies for which Service Provider is a reseller or under applicable laws and regulations The City is responsible for maintaining all required forms for a period as long as state and federal law dictates B) Service Provider will follow reasonable quality assurance procedures with respect to obtaining Reports However the City recognizes that information within such Reports is obtained and managed by fallible sources and Service Provider does not guarantee or ensure the accuracy or depth of information provided C) The parties acknowledge and agree that Service Provider its Officers Managers Employees and Owners will not be deemed to be providing legal advice to City in connection with the Services D) The City shall not use Service Providers or its affiliates names or marks without Service Provider s prior written consent E) If the City requests additional services not specified in this Agreement and Service Provider agrees to provide those additional services (i) the additional services will be subject to the applicable terms of this Agreement and (u) The City will pay Service Providers then prevailing fees for the additional services unless otherwise agreed in writing SA 09/01 /06 20 F) The parties acknowledge that security of transmissions over the Internet cannot be guaranteed Service Provider is not responsible for (i) City s access to the Internet (n) interception or interruption of communications through the Internet or (ui) changes to or losses of data In order to protect City data Service Provider may suspend City s use of Service Provider Services via the Internet immediately without notice pending an investigation if any breach of security is suspected G) The City acknowledges that the final decisions to employ promote retain terminate or otherwise engage or not engage in a legitimate business transaction with a candidate is at the sole discretion of the City 3 TERMINATION A) If the Services are terminated pursuant to this Agreement the City may request copies of completed reports in a mutually acceptable electronic format to be determined upon termination and at a fee not to exceed Service Providers reasonable actual costs to furnish same 4 SYSTEM FUNCTIONALITY GUARANTEE A) Within thirty (30) days of contract execution between Service Provider and the City Service Provider will add as demonstrated to HR and be completely operational the following functionality to its Webhuck Order Management System at no additional charge to the City (i) The ability to archive and retrieve archived reports and orders (n) The ability to order a specified package with minimal clicks Upon package selection a single screen will appear If all elements of the package and candidate data are correct the recruiter can submit from this single screen SA 09/01 /06 21 ACORA CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) PREFII-3 10 22 07 PRODUCER Yergey Insurance Agency Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Suite 100 HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR 10550 Linden Lake Plaza ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Manassas VA 20109 Phone 703-530-0300 Fax 703-530-0303 INSURERS AFFORDING COVERAGE NAIC 9 INSURED INSURER Vnat d Stab LiaD 1 ty In Co 25895 INSURER B Premier Emplov Screening and INSURERC Premier Batk round Sefvicea 113 South Collef Fort Collins CO 80524 INSURER D INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAYPERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE UIIMIDDMj LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX7 OCCUR SP1008729A 02/09/07 02/09/06 PREMISES (Eeoccure ca) $50r DDD MED EXP (Anyone parson) s5,000 PERSONAL S ADV INJURY $1r000 000 X Errors&Cmissions GENERAL AGGREGATE $2 000 000 A SP1008729A 02/09/07 02/09/08 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OPAGG $2 000 000 X POLICY jE I LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per perso ) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Par accident) $ GARAGE LIABILITY AUTOONLY EAACCIDENT $ ANYAUTO OTHEEA ACC THAN $ $ AUTO ON AUTO ONLY qGG EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE t RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY TORY LIMITS Eft EL EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? N yes descnb SPECIAL PROVISIONS ow bel EL DISEASE EA EMPLOYEE $ EL DISEASE POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS Background Investigator CITYFTC I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL City of Fort Collins 300 La Porte Ave IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR Fort Collins CO 80521 REPRESENTATIVES 8 Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services Accordingly the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City 9 Acceptance Not Waiver The City approval or acceptance of or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement 10 Warranty (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature (b) Unless otherwise provided in the Agreement all materials and equipment incorporated into any work shall be new and where not specified of the most suitable grade of their respective kinds for their intended use and all workmanship shall be acceptable to City (c) Service Provider warrants all equipment materials labor and other work provided under this Agreement except City -furnished materials equipment and labor against defects and nonconformances in design materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier Upon receipt of written notice from City of any such defect or nonconformances the affected item or part thereof shall be redesigned repaired or replaced by Service Provider in a manner and at a time acceptable to City 11 Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement In the event either party should fail or refuse to perform according to the terms of this agreement such party may be declared in default thereof 12 Remedies In the event a party has been declared in default such defaulting party shall be allowed a period of ten (10) days within which to cure said default In the event SA 09/01/06 3 the default remains uncorrected the party declaring default may elect to (a) terminate the Agreement and seek damages (b) treat the Agreement as continuing and require specific performance or (c) avail himself of any other remedy at law or equity If the non -defaulting party commences legal or equitable actions against the defaulting party the defaulting party shall be liable to the non -defaulting party for the non -defaulting party reasonable attorney fees and costs incurred because of the default 13 Binding Effect This writing together with the exhibits hereto constitutes the entire agreement between the parties and shall be binding upon said parties their officers employees agents and assigns and shall inure to the benefit of the respective survivors heirs personal representatives successors and assigns of said parties 14 Indemnity/Insurance a The Service Provider agrees to indemnify and save harmless the City its officers agents and employees against and from any and all actions suits claims demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons or damages to property arising out of result from or occurring in connection with the performance of any service hereunder b The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property c Without limiting any of the Service Providers obligations hereunder the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C consisting of one (1) page attached hereto and incorporated herein by this reference The Service Provider before commencing services hereunder shall deliver to the City Director of Purchasing and Risk Management P O Box 580 Fort Collins Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City SA 09/01 /06 4 15 Entire Agreement This Agreement along with all Exhibits and other documents incorporated herein shall constitute the entire Agreement of the parties Covenants or representations not contained in this Agreement shall not be binding on the parties 16 Law/Severability The laws of the State of Colorado shall govern the construction interpretation execution and enforcement of this Agreement In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement 17 Prohibition Against Employing Illegal Aliens Pursuant to Section 8-17 5-101 C R S et seq Contractor represents and agrees that A As of the date of this Agreement 1 Contractor does not knowingly employ or contract with an illegal alien and 2 Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208 104th Congress as amended and expanded in Public Law 156 108th Congress as amended administered by the United States Department of Homeland Security (the Basic Pilot Program ) in order to confirm the employment eligibility of all newly hired employees B Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement C Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter until Contractor is accepted or the public contract for services has been completed whichever is earlier The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued D Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed E If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall 1 Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien and SA 09/01 /06 2 Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien F Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the Department ) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17 5-102 (5) C R S G If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17 5-102 C R S the City may terminate this Agreement If this Agreement is so terminated Contractor shall be liable for actual and consequential damages to the City arising out of Contractors violation of Subsection 8-17 5-102 C R S H The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach 18 Special Provisions Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D Confidentiality consisting of one (1) page and Exhibit E Special Provisions consisting of three (3) pages both attached hereto and incorporated herein by this reference SA 09/01 /06 ATTEST CORPORATE SECRETARY CITY OF FORT COLLINS, COLORADO a municipal corporation By DI:DQ ik� Jarneso 0 Neill II CPPO, FNIGP Direct o Purchasing and Risk Management Premier Emplgyment Screening Services By Chnsto aker CEO Date Z �� (Corporate Seal) SA 09/01 /06 EXHIBIT "A" SCOPE OF SERVICES BACKGROUND The City of Fort Collins (the City ) conducts background screenings for persons who apply for employment persons seeking personal services contracts with the City or persons who may be placed in selected non -remunerative positions of trust as volunteers (collectively the candidates or applicants ) This screening process is supervised by the Citys Human Resources ( HR ) Department The total number of background screenings conducted by the City in 2006 through Human Resources for prospective employees contractors or volunteers was 1 047 II SERVICES The City may require any or all of the following services The ability to perform data entry of information contained on an FCRA form Background screening services for each prospective employee contractor or volunteer which may include any or all of the following Regular Basis a Social Security Number verification and validation b Criminal Records check for seven (7) years including appropriate County State and Federal Court bureaus to cover the candidate s current residence and for criminal history Previous Residences for up to seven (7) years prior c Driving Record for criminal history and DUI / DWAI charges and convictions including out of state d Driving Record for moving violations up to seven (7) years history e Motor Vehicle License(s) validity of currently -held f Risk Management scan for inconsistencies in person/customer s history to help identify potential fraudulent or misrepresented information Periodic Basis a Employment Verification current and two previous employments as applicable up to seven (7) years history b Credit Information up to seven (7) years history c Public Records relating to financial history d Professional License(s) verification and history e Sexual Offender Register f OFAC Compliance q Name and Address Trace 3 Authorized Users a City will designate the names of people who shall serve as the City's Primary Authorized Users b Additional Authorized Users must be approved in writing by appropriate City Primary Authorized User SA 09/01 /06 Service Provider may be requested to perform the data input from a fax Service Provider also offers the option to permit the prospective employee contractor or volunteer to enter the information into the system Any screening services requested from the regular basis list must be received by City within a reasonable number of days of the official request being submitted to Service Provider Additional follow-up or periodic screening services may be requested in any area specified above or in additional areas on a case -by -case basis including the handling of State specific forms For periodic screenings Service Provider will provide a list of candidates previously screened by Service Provider who are eligible to be screened for the period and the City will respond with who to screen and what screening service to perform Service Provider will perform an initial consultation with a Human Resources representative only for screening results concerning prospective employees contractors or volunteers meeting specific criteria as outlined by the City Service Provider will issue a Notice of Pre -Adverse Action and as required a Notice of Adverse Action to applicants as appropriate Service Provider will be the primary contact for individuals who wish to dispute potentially inaccurate data and request of the individual further court documents police reports or other supporting documentation III PRODUCT AND SERVICE DESCRIPTIONS Social Security Number Validation The SSN Validation determines if the applicant has provided a social security number validly issued by the US Government the year and state in which the social security number was issued and if any death benefits have been filed Name and Address Trace Reveals all names associated with a social security number past and present addresses and suspected fraudulent use of a social security number Results can be cross referenced to addresses supplied by the applicant to ensure the integrity of the information on the job application Information is acquired through credit bureaus phone records historical credit records and property records 3 Criminal History Check a) County Court Criminal Record Checks Searches County court record checks are the most comprehensive source of information for criminal activity and typically yield the most accurate and current data available County search results provide criminal charges dates sentencing and disposition for felonies and/or misdemeanors in the county seat court Detailed dockets and supporting information are typically available Service Provider accesses all 3 300+ counties b) Colorado Multiple County Criminal Record Checks Service Provider provides consolidated access to all available Colorado county court records SA 09/01 /06