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HomeMy WebLinkAboutSTERLING INFOSYSTEMS - CONTRACT - RFP - 7413 BACKGROUND SCREENING SERVICES - HUMAN RESOURCj STERLING COMPANY NAME: CITY OF FORT COLUNS STREET ADDRESS: P.O. BOX 580 CITY: FORT COLLINS STATE CO ZIP: 80522 AGREEMENT STERLING INFOSYSTEMS, INC. and subsidiaries, having offices at 5750 West Oaks Boulevard Suite 100 Rocklin CA 95765 (hereafter referred to as "STERLING") and Company named above (hereinafter referred to as CLIENT) agree as follows: CLIENT AGREES: 1. To utilize STERLING as its exclusive employment screening/background checking vendor for the term of 12 months commencing this 21st day of November, 2012. 2. This Agreement shall remain in effect thereafter for a series of like periods unless either party notifies the other party of its wishes to terminate the Agreement at least 30 days prior to the expiration of the initial or subsequent lean. 3, Client agrees to notify STERLING of any Changes to its notice address or contact information. STERLING AGREES: 1. To provide CLIENT with access to services and take responsibility for performing services in a timely and accurate manner consistent with that of a professional employment screening agency. 2. STERLING will provide CLIENT with a bl-weekly invoice summarizing all work orders and associated charges. Accordingly, payment is due within 30 days upon receipt of said invoices. STERLING may suspend services under this Agreement at its own discretion without notice (1) upon Client's failure to pay amounts when due, (ii) if Client files bankruptcy or reorganization or fails to discharge an involuntary petition within 60 days after filing date. Any termination hereunder shall subject the client to all unpaid accrued charges. IT IS MUTUALLY AGREED: 1. If either party fails to comply with the provisions of this Agreement, the other parry may give notice of such failure, specifying the failure in such detail as is then known to the non -complying party, This Agreement can be terminated within the Initial or subsequent like term if the non -complying parry fails to cure the default within 45 days following such notice. All notices required to be given under this Agreement shall be in writing and delivered certified mail, return receipt requested, to the parties at the respective addresses set forth in this Agreement, 2. This Agreement shall be governed by the laws of the State of Colorado. The terms and conditions of this agreement shall inure, to the benefit of and be binding upon the parties hereto, their successors and assigns, Any controversy or claim of any nature, arising out of or relating or referring in any way to this Agreement or its breach, which controversy or claim cannot be amicably resolved, shall be settled in a court of competent jurisdiction in the State of Colorado. Each party consents and agrees to submit to the exclusive jurisdiction of said court and that the County of Colorado, shall be designated as the venue for the resolution of any claim arising hereunder. In the even at an action must be undertaken to collect monies due, the CLIENT agrees to pay all court costs, including but not limited to reasonable attorney fees and court appointed interest. 3. This Agreement contains the entire and exclusive statement of the Agreement between STERLING and CLIENT and supersedes all prior Agreements, oral and written, and all other communications between the parties relating to the subject matter of this Agreement. Sterling is hereby authorized to obtain any information it may require relating to the credit worthiness of the undersigned from any source including the Client's bank, references, or a credit reporting agency. This affirmation will continue as long as there is a balance outstanding. Any modifications shall be made In writing, signed by the parties here to. 4. During the Initial term on this Agreement, the services and prices listed below will be in effect. Governmental fee increases outside the control of STERLING during the initial or renewal term of this Agreement will be passed through to CLIENT. Services Agreement 7413 Background Screening Services Page 1 of 14 We have found that many volunteers are Wiling to pay for their own checks. Often, however, the agency does not feel comfortable asking volunteers to do so or worry that not all volunteers can do so. By making it optional, the agency is able to save on costs associated with bringing on a volunteer. Reports would still be delivered to the agency. Integration with Applicant Tracking System Utilizing HR-XML Consortium standards, Sterling can integrate directly with most Applicant Tracking Systems (ATS) or proprietary HRIS systems that any of the members may utilize or implement. Fax Sterling can perform data entry to the specifications identified In a Scope of Service for orders received via fax. Results Reoortino: Sterling Infosystems has an established history of approaching system development from a "Client Needs" perspective, and therefore have a wide array of options to accommodate each client's specific needs. Our methods for results reporting include: 10 E-mail: Reports can be in HTML, PDF, or plain text format with options for custom content in both the subject and body ►► Fax: Reports can be faxed automatically to specified users within your company, with options for customizing based on results, department, etc. ►► Screening Direct: Regardless of additional methods, results remain available to authorized users via our Screening Direct System. Furthermore, these results are permanently archived and remain available to authorized individuals. ►► Directly to your Applicant Tracking System (e.g., an hftps post in HR-XML format): Along with the direct notification to your ATS, Sterling Infosystems provides "Alert" fields to categorize the results of the particular service. These fields can then be used by the ATS to summarize results in terms of "Pass'/"Fail" Sterling Infosystems has the ability to evaluate screening results based on the stated policies and hiring criteria established by your company. The results of each investigation can be evaluated against the established matrix, and Sterling Infosystems will clearly report any applicant results that fall into the prohibited categories as defined by your company. Customized results notification can be established at no charge, based on the preferences of your company. This would include distributing criminal "hits" to Risk Management only, while requestors receive only "clear" results. Driving related reporting can be reported separately from any other Information. Separate accounts and profiles can be set up for Human Resources and Risk Management so that reports and data is not shared or accessible to another department. Separate invoices will also be sent to each group. Services Agreement 7413 Background Screening Services Page 10 of 14 EXHIBIT "B" PRICING SCHEDULE For Prospective Employees. Contractors or Volunteers Sterling can build any number of position -specific customized package for the City of Fort Collins. Currently we run the following: Package Pricing Standard Employment Package • Name and Address Trace • 7-year Criminal History -we will search the jurisdictions revealed on the Name and Address Trace • National Sex Offender Registry • Colorado Sex Offender Registry Price for this package is $19.36 fee inclusive. Employment Driving Package • Name and Address Trace • 7-year Criminal History -we will search the jurisdictions revealed on the Name and Address Trace • National Sex Offender Registry • Colorado Sex Offender Registry • Motor Vehicle Driving Record Price for this package is $21.73 plus DMV fees (some states charge fees to access DMV data which we pass through) Volunteer Package • Name and Address Trace • 7-year Criminal History -we will search the jurisdictions revealed on the Name and Address Trace • National Sex Offender Registry • Colorado Sex Offender Registry Price for this package is $19.36 fee inclusive. Volunteer Driving Package • Name and Address Trace • 7-year Criminal History -we will search the jurisdictions revealed on the Name and Address Trace • National Sex Offender Registry • Colorado Sex Offender Registry Price for this package is $21.73 plus DMV fees (some states charge fees to access DMV data which we pass through) MVR with Adjudication Package • Motor Vehicle Driving Record • Adjudication Price for this package is $2.50 plus DMV fees (some states charge fees to access DMV data which we pass through) Services Agreement 7413 Background Screening Services Page 11 of 14 A la Carte Pricing �Name�andAddresssTrace ;. "„ . ; _ P,e� Trace, ,, $3 50� County.Criminal History Check Per County $8.75 Statewide,Criminal'Histo Check f?er-State Federal Criminal History Check Per Search $9.50 NatronalrCiimmalScari ,�Per�Search ,$6.00? Sex Offender Registry Per Search $3.00 CombinediNational CriminalrSc_an and SOR. , PgrSearch Credit Report Per Report $8.75 Motor eh icleDriviii R ,erd' co_- 1-9 Verification Per Search $6.00 ._ ,`�EmploymentArificafion Education Confirmation Per Institution $7.50 n (Personal Referece Check , , peo; ference_,. $7, 5 Credential and Professional License Verification Per Confirmation $7.50 _. gld¢nt�ty;Scanh " 4, a. 1rfPeriSearch $1r05i Connexus Per Test $4.20 Mihta' Seivice{Verifcatron ,, y P,efSearch. :, $900 Patriot Act Scan (OFAC) Per Search $5.70 Workers"Compensation Claims+Histo TecSearch Drug Test (utilizing eScreen's eCup technology) Per Test $33.00 , s uCandrilateCareTM Per.Rersoo Includetl1 a Pre Adverse Action & Adverse Action (Mailed) Both Mailings $3.90 .Man ed'Adjudicahom. '� V g " ,cas mny uu cnargeu ny repositories, institutions and some third party vendors. Where applicable, Sterling passes those fees through. Services Agreement 7413 Background Screening Services Page 12 of 14 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 Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages 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 Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. Employer's 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 subcontractor's Insurance. Services Agreement 7413 Background Screening Services Page 13 of 14 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. Services Agreement 7413 Background Screening Services Page 14 of 14 RRIM e bSTERLING Date of Appl1caNen: -1l f.2Li -;Zo.L .2, propesi gt: 14%@11IIII moat 12 completed $ If6 aMirety. please print dearly and legibly to ensure accurate end timely comPanyNWe: _[,'! T Y F hOk T wl$ I Yew In Business t 39 na 9 MO. Typaofauslness:_ MI -Mr IM-PAL e�RPP�Qt4 /J/V (If company has been in business for one yeeror less, bm of the foiowArg must be obtained and efiached to appllcetion) a. COPY of ubily ba or telephone bill In the business name b. Copy of lases or proof of property ownership c. Copy of bards statement addressed to the end use d. Proof of commercial Insurance Type of O"WshlP (Indicate one): ('Corporaeon ❑ LLLC ❑ Nonprofit O Padm ship ❑ Sole OWW Do you have any other company nam(s) or OBA? Oyes M/No If Yea, please ist: The following Inuit be Matched to the application URL: Please attach screenshot of primary home page of your website. Certificate of Incomora Lion or Ea alert Please attach a copy of your organizations Certificate of Incorporation or equivalent, a print out from the secretary of state's website Is also acceptable. — Federal Tex IO P J: sLj - io06( Full Name of Owner or an Authorized Phone:( )---•---- Fax( )--- ---- Physical Street Address (gg P.O. box numbers, please): _ 215 AL M13 c;pwj c� City. FAar ef!0J-4jII&6 State: dam. ZIP: S J25" Now Long? ynn ma. Phone: (9'to)2.Z.1-b13.Q Fax r,70 )�.21-b1 E2 Is this a reeldemlal address? (jYes M"No Previous Address: City: State: ZIP:----- Nowlang? yre_ —Mo. • • (I/ soW owner or padneramo. please complete the section below.) I urxleretend Uret the Information provided below w91 be used to obtain a consumer credit report, and my oredihvorudness may be consldeed when malting a decision to grant ma pennimlon to obtain background checks. Proxdpal name: Al14 _ Tile or Position: Phone:( )_--• SOdal Seoudly Number.—_— -- --_— Yearof Bbtil: City: State: Of this e nP'----- phto[den tlioa section Is completed consent to ohte n e copy of the owners or Part ner's Personal credit report must be obtained as well as a government Issued �iorg W STERLING Please check the box next to the specific purpose for which information will be used. subscriber must we the purpose for which Consumer Reports, Investigative Consumer Reports and/or Consumer Credit FINS will be used. subscriber must confirm this use by checking the appropriate box below. Reports will be used for —— NONE fd� Employment purposes ❑ Tenant screening purposes fg/'VolunteereveenlngPurposes ❑ Studamscreaningpurposes ❑ Reports ME be used for other permissible purpose (please deecrlbe) Metals Provide the rtmmOfthe bank which maintains your s� B checNngaccount) Bank Noma:l'1QST NATin"fil ]1p K Phone:(QiU )4Qg-4$(tl Address: Z 0 5 %.0 nA k 0W--FQ 3r Q-e11, 14 state:_ Contact Name: Date Account opened Business Checking Account Number(,): Alternative to Banking Reforenoa: Comm a COPY of a listing vdth A.M. Best Moodys, Standard and Poore. FDIC. NCUA or a copy of the and users annual report (certified by CPAJ (Must be attached) (Please provide a current trade reference) Company: State: Contact Name: Account Numberfal. (Please provide a current trade reference) Phone: ( ) --- -- Mix------ Doing Busi nets Since Company: Phone:( City: Contact Name: Amount Numb state: Oft Business ZIP: ----- The folImAng applies to cretin Infmmationfconsumanitn"BilgeBve report products: We certify that VWe win use the Credit Informal;WconsumeAlnvesugaBve report for no other purpose Other than what Is staled in the PenrtlSalble ParposefApproprlate Use section on this application and kx the type of business paled on this application. Uwe VAg not resell the report to any third party. IAye understand that If my system is used Improperly by company personnel, or If my access codes are made available to any unauthorized personnel due to carelessness on the Pan of any employee of my company, IAVe may be held responsible for financial losses, fees, or monetary charges that may be incurred and that my access privilege may be terminated. ce pa,y lne�F 27 eo��,!Ns�_4, Rigno7 lm eP`-- /Ig 2D/2 5750 West Oaks SOWevafd Siele 100 Rocklin CA g5765. Telephone 800-943-2589. Feossnils 800•943-e572 The atUml Webdte of tho City of rW Cell; Ccbudo USp What's; New > Gry COUndllNark SeSon-Nw.27 wadt n, ebwlandInd npadetectable Img .. OEI VIdmS/Cable 14 Alex the 0901.&d hAstleratdacwheeds aaeeIswdr ea bedbxaed. � DD and Gas Devefapmme ne ay b h the veeeess Of lesknng ud Wdsuq is bed �. w npubb",t —Ieg Wand gese¢Ianble The Meeting by ClY QM nd ee be a the ve" en 0eseobn4 960. Save on Energy-ENiclent LED, CFL Bulbs Poll mhu Udbes b Wlba)hlg srth bm reb6er (see tt arblUro after dkuuNed slue on F1 MY ST.U* PnMed UU bnd t®s 0M lwmlmdemels Td atlepalq . ACC2SS or Fort Codins E.+r. Wcdnaaaero Wu eveubneea conmrne. Su Me Tb We Th Es $a ge 2• nine and Travel - wwhNe s Aeees 5:15MI 3:00M *STERLING In compllance with the Federal Fair Credit Reporting Act, as amended (the "FCRA"), btu JZY Jet t x ("End UseP) hereby certifies to Sterling Infosystems, Inc. (Sterling) that it understands and will comply with End User's obligations under the FCRA, as set forth below. End User or Sterling, should End User elect to utilize SteAng's Electronic Wet Signature (EWS) product, witi ensure that prior to procurement or causing the procurement of a consumer report or Investigative consumer report (collectively the "report") for employment purposes as required by law. a) A clear and conspicuous disclosure has been made In writing to the consumer prior to the report being procured or caused to be procured, In a document that consists of only the disclosure, that a consumer report will be obtained for employment purposes; and b) The consumer has authorized in writing the procurement of the report by the End User. 2. Further, End User or Sterling, should End User elect to utilize Starling's EWS product, will additionally ensure that prior to procurement or causing the procurement of an Investigative consumer report for employment purposes as required by law. a) A clear and conspicuous disclosure has been made In wrung to the consumer prior to the report being procured or caused to be procured, In a document that consists of only the disclosure and the disclosure set forth In 1a) above, that an Investigative consumer report Including Informallon as to the consumer's character, general reputation, personal characteristics and/or standard of Iivhng will be obtained for employment purposes; and b) Such disclosure contains a statement advising the consumer of his/her right to request a complete and accurate statement regarding the nature and scope of the requested Investigative consumer report and his/her right to request a copy of the rights of the consumer under the FCRA, a copy of which Is attached hereto ("Summer of Consumer Righter). 3. Additionally, to the extent End User Is requesting Sterling to provide ICORI information, End User also affirms that Q) End User notified the consumer In writing of, and received permission via a separation authorization for Sterling to obtain and provide CORI Information to End User, (IQ End User Is in compliance with all federal and state credit repoAkng statutes; (ilq End User win not misuse any CORI Information provided In violation of federal or state equal employment opportunity laws or regulations; and (Iv) End User will provide Sterling with a statement of the annual salary of the position for which the subject Is screened. 4. Additionally to the extent End User requests any reports covered by the California Investigative Consumer Reporting Agencies Act which require consent from the consumer, End User also affirms that (1) the stand-alone disclosure provided to the consumer states Starling's name, mating address, webslte address, and toll -free telephone number; (I) such disclosure indicates that the report will Include Information on the consumer's character, general reputation, personal characteristics, and mode of living; (ti) such disclosure Indicate the nature and scope of the Investigation to be performed; (III) such disclosure advises the consumer of his/her right to Inspect Sterlirg's flies about the subject by providing proper Identticaton and Sterling will provide the subject with trained personnel and explanation of any codes to help understand those files; and (Iv) such disclosure contains a box that the consumer may check to request a copy of the report and If the consumer checks that box, a copy of the report will be sent to the consumer within three business days after End User receives the report. 5. In using a report for employment purposes, before taking any adverse action based in whole or In part on the report, the End User "I provide to the consumer or authorize Sterling on behalf of the End User to provide to the consumer to whom the report relates: a) A copy of the report and b) A copy of the Summary of Consumer Rights and any applicable state summery of rights; and C) Provide the Individual with a reasonable opportunity of time to correct any erroneous Information contained In the report (and provide Sterling's name and contact Infor ation) and If the Individual is ultimately disqualified an Adverse Action later. wwws gn tems.com ege4of18 5750 West Oaks aasewxd Shale 100 Rocklin CA 95765. Telephone SW-943.2589. Facslmis Soo-943-4572 b STERLING End User confirms that it must inform Stetting Irfosystems If any requested report Is not to be used for employment purposes. End User confirms that R wtu not use the Information contained In a report In violation of any applicable federal, state or local equal employment opportunity or other law, rule, regulation, code or guideline. End User also confirms that while it might provde Sterling with copies of consent forms or related documents In order to provide Sterling with Information necessary to provide Its services, Sterling Is not required to maintain copies of such documents and any obligations to retain such documents under federal or state law remain solely with End User. However, should End User elect to udlize Sterlirg's EWS product, Sterling wlli maintain electronic copies of consent forms. End User agrees to Indemnify and hold harmless Sterling, Its predecessors, successors and assigns, and their current and former officers, directors, employees, agents and Independent contractors, both Individually and in their official capacities the "Company") from any liability and attorneys' fees Incurred due to End User's violation of any of the terms of this Cerfdication. End User also confirms that Information obtained through a Sodal Security Number trace wlii not be used directly to disqualify applicants from employment or employees from continued employment. End User hereby adcnrowledges receipt of the Summary of Consumer Rob and receipt of 'Notice to Users of Consumer R�ppp obligations of UseZ under the FCRA", ttached hereto. ' ff 2— koor4llcl Signature Date www stednginfosysterns corn 2012 9e50 5750 Wag Oaks Bowevard Swle 100 RocW CA 96765. Telephone a0o.943,2589. Fecsanie 500.943.4572 W STERLING PRICING .AT THE OPTION OF THE CITY THIS AGREEMENT MAYBE EXTENDED FOR ADDITIONAL ONE YEAR PERIODS NOT TO EXCEED FOUR (4) ADDITIONAL ONE YEAR PERIODS I Ht I-OLLOWING EXHIBITS ARE ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERNCE: > EXHIBIT A -SCOPE OF SERVICES > EXHIBIT B- PRICING SCHEDULE > EXHIBIT C -INSURANCE REQUIREMENTS > EXHIBIT D - CONFIDENTIALITY " Includes all county court fees except for criminal fees in NY, ME, VT, and Puerto Rico Third party verification fees Incur an additional charge "Third party collection fees Incur an additional charge • Motor Vehicle Searches incur an additional state to state DMV fee. STERLING INFOSYSTEMS, INC By: Title: GS Date: Services Agreement 7413 Background Screening Services COMPANY NAME: CITY OF FORT COLLINS, COLORADO A MUNIC)I/P�A,,LCOnRnPORATION By. Title:_�}� Date: /z (171 (Z Page 2 of 14 EXHIBIT "A" SCOPE OF SERVICES BACKGROUND The City of Fort Collins (City) conducts background screenings for selected persons who apply for employment seek personal services contracts with, and may be placed in selected non -remunerative positions of trust as volunteers. This screening process is supervised by the City's Human Resources Department. The total number of background screenings conducted by the City in 2011 through Human Resources for prospective employees, contractors, or volunteers was 1.260. It. SCOPE OF SERVICES - HUMAN RESOURCES The City Human Resources Department may require any or all of the following services for prospective employees, contractors, or volunteers: Perform data entry of the Fair Credit Reporting Act (FCRA) or background check forms. Service Provider also offers the option to permit the perspective employee or volunteer to enter the information into the system on-line. 2. 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 (SSN), verification and validation. b. Name and Address Trace. c. Date of Birth d. Criminal Records, check for seven (7) years including appropriate County. State, and Federal bureaus. e. Current Residence and, for criminal history, Previous Residences for up to seven (7) years prior. . f. Driving Record, lifetime for criminal history and DUI / DWAI charges and convictions, including out of state. g. Driving Record, for moving violations, up to seven (7) years history. h. Motor Vehicle License(s), validity of currently -held. I. 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. OFAC Compliance. 3. Authorized Users a. Human Resources 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. c. Human Resources will designate certain Authorized Users as restricted to obtaining Motor Vehicle Driving Record and Department of Transportation (DOT) Employment Verification only. 4. Results reporting and billing for prospective employees, contractors, or volunteers per Human Resources must be kept separate from any driving related information reporting. 5. 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 the vendor. Services Agreement 7413 Background Screening Services Page 3 of 14 6. 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. 7. 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 of Fort Collins. 8. Service Provider must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City's covered accounts. III. PRODUCT AND SERVICE DESCRIPTIONS -HUMAN RESOURCES Regular Basis: Social Security Number Verification and Validation Sterling Social Security Validator is a SSN based search that performs both a SSN verification and a validation and indicates characteristics and / or irregularities such as: N Numbers Issued to mailbox numbers or telephone answering services addresses N Date of issuance and expiration, which may reflect fraudulent use. An expired number may denote that the original recipient is deceased. ►► Other names associated with the social security number. Name and Address Trace Sterling's Social Security Trace identifies an individual by checking over 400 different sources such as major credit headers, US Postal Mail Forwarding Service, utility company billing records, voter registration cards, and other resources where the individual has used the social security number along with a name and an address. Results include address histories and any alias/maiden names associated with the SSN. The results of this search tool can be used to broaden the scope of a background check to include additional jurisdictions and names beyond those that the applicant has disclosed. This search is an excellent tool to scan for inconsistencies in a person's history to identify potentially misrepresented information. County Criminal Records Sterling leads the industry in accuracy and tum-around times through CourtDirect, our automated, high- performance electronic connection with numerous county criminal jurisdictions across the United States. Sterling's CourtDirect is the largest, most comprehensive network of any provider anywhere in the world, and we are adding capabilities on a weekly basis. Today, most companies still physically retrieve courthouse data for background screening via court runners. With our breakthrough platform, Sterling successfully digitized and Integrated primary source data from hundreds of U.S. court jurisdictions. Over 80% of our criminal record search volume is automated via CourtDirect. By eliminating human intervention from the process and creating direct pipelines of information from nationwide courthouses, CourtDirect allows Sterling to offer numerous benefits, including turn -around times that are 50% faster than the rest of the industry, and hit rates that are up to 30% higher than those of our competitors. State Criminal Records In some states, counties submit criminal data to a state repository. The data submitted varies by state: some states collect all data from all counties while other states may only collect arrest or felony data. Our background screening specialists will work with you to determine if a particular state repository is a good choice for your searches (our Preferred States list). When it is a good match for your needs, a repository search can frequently provide a cost effective way to search for criminal record information in an entire state. Sterling collects criminal records history directly from the state repositories and reports results according to state guidelines and FCRA regulations, ensuring that all data on a Sterling Infosystems report is compliant. Services Agreement 7413 Background Screening Services Page 4 of 14 Metro County Criminal This is a cost effective way to check criminal records in the multiple counties that encompass many larger metropolitan areas. Where available, you can elect to execute a metro area search to obtain criminal records from the counties within that metro area. We will perform county criminal searches at a combined cost that is less than ordering the individual counties. Multi-State/Jurisdiction Criminal Records Locator (MSMJ) w/Sex Offender Database Component This is a query made to a criminal records database containing information from 41 states using the applicant's identifiers. It consists of data obtained from the state based department of corrections, administrative office of the courts, bureau of criminal apprehension, office of foreign assets control, registered sex offenders and/or the department of criminal justice records, various county criminal records and data from other applicable government agencies where available. Steding's Multi -State / Multi -Jurisdictional Record Locator Search is fully FCRA compliant and provides a very affordable, enhanced level of due diligence that can be incorporated into any company's employee screening program. Sex Offender Searches Sterling offers a number of sex offender searches including the National Sex Offender Registry and state. specific sex offender registries. Our in-house team directly searches 49 states (Nevada is excluded by law) through the Federal Department of Justice database, which is updated in real time. This search is more comprehensive than an individual state registry search because it is possible to uncover potential sexual criminal history in states where the applicant may have frequented but never lived. Additionally, a sex -offender search is included in the multi -jurisdiction National Criminal Database search. This sex offender search is an inclusive database search, meaning that any "hits" are verified with the primary source. Sex offender searches are searched by last name to identify as many iterations of the name as possible. When names are found, first, middle, DOB and sometimes SSN and address are used to validate whether or not the records match the individual in question. Federal Criminal Records Federal criminal records detail crimes of a different scale than those at the county level; these crimes are prosecuted In federal district courts and include such charges as international/inter-state drug trafficking, kidnapping, etc. Sterling has the ability to obtain federal records from all district courts throughout the United States and related territories. There are currently 94 federal judicial districts, with at least one in every state as well as the District of Columbia, Puerto Rico, The Virgin Islands, Guam, and the Northern Mariana Islands. Department of Motor Vehicle Reports Sterling Infosystems will search the motor vehicle records for the applicants to determine if the license is valid and to identify driving record history. The information found consists of the current status of license as well as any history of speeding, reckless driving, careless driving, driving under the influence, driving while intoxicated, etc. The dates of all incidents are found in these abstracts along with all suspensions with dates and causes of said suspensions. Managed Adjudication Ranking System Managed adjudication service is an industry leading ranking solution that systematically applies a pass, review, or fail grade to each applicant according to customer specific hiring criteria. If the applicant is ranked as pass (meets your criteria), no further action is required. A yellow grade signals a review is needed for final determination of hiring eligibility and a red,grade could simply suspend the hiring process and trigger the Adverse Action process. Managed adjudication simplifies the hiring process, improves compliance and hiring uniformity, maintains candidate privacy and reduces critical time to hire. Managed adjudication 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 (AD64), by applying consistent customer criteria to every applicant. Services Agreement 7413 Background Screening Services Page 5 of 14 Adverse Action Notification Whenever you decide not to hire an applicant based in whole or in part on his/her background screening results, the Fair Credit Reporting Act (FCRA) requires you to complete Adverse Action. To simplify this process, Sterling will send applicants the necessary correspondence letters (Pre Adverse Action and Adverse Action), copies of the offending background screening reports. We will also manage any applicant disputes and record any correspondence with applicants, allowing the City of Fort Collins to focus on your core strengths. Pre -Adverse Action and Adverse Action letters can also be made available for you to print and send. Periodic Basis: Employment Verification -Standard Employment and Department of Transportation (DOT) Information is solicited for such items as dates of employment, position, title, wages and salary, reasons for leaving, eligibility for re -hire, job duties, interactions with others, job performance and disciplinary action. The DOT Employment Verification is conducted as a supplement to the standard employment verification and follows the requirements of the DOT's Title 49. Consumer Credit Report Sterling Infosystems has the capability to obtain credit reports instantly through Screening Direct. Reports include information regarding trade accounts (credit cards, phone bills, car payments, insurance, mortgage, and charge accounts), accounts that have had negative action on them (write-offs, bad debt, collections, foreclosures, and repossessions), and public records (civil judgments, tax liens, bankruptcy). Credit Report (Standard) This is a regular credit report for business transactions (Credit Granting) that does reflect a credit score. "Because a credit score is provided, and the information is variable and subject to consideration, even if a client has Managed Adjudication, we must score the report as a Clear. Civil Record Search Sterling offers both county and federal civil record searches. For county civil records, we search both the upper and lower courts, depending on the dollar amount of the action. We also search federal civil records for actions relating to federal statutes including EEOC, EPA, Treasury of SEC fraud, and civil rights, as well as civil causes of action that cross state lines with dollar amounts in excess of $10,000. Sterling will work with you to determine which searches best fit your needs. Professional License Verification Sterling conducts direct verifications via the state licensing board of specified licenses, certifications or possible reprimands. Some examples of license searches available are: CPA, Attorney, Teacher, Registered Nurse, Licensed Practical Nurse, Physician, Psychologist, and Pharmacist. The results include type, status, expiration and limitations. Office of Foreign Assets Control (OFAC) Search Individuals and companies, owned, controlled by, or acting on behalf of countries targeted by US foreign policy as terrorists and narcotics traffickers are identified as Specially Designated Nationals ("SDN"). These individuals and companies have their assets blocked and U.S, persons are generally prohibited from dealing with them. The SON search Is conducted using documentation provided by the US Treasury's Office of Foreign Assets Control ("OFAC"). Additional Services: Education Verification To complete education verifications, Sterling's Verification Specialists access requests on our secure website. As our specialists gather information directly from record holding institutions or third parties designated by record holding institutions, they input details into the system and the appropriate department managers proofread results prior to final distribution to the client. Services Agreement 7413 Background Screening Services Page 6 of 14 Military Verification When verifying military service, Sterling's first step is to directly contact the last duty station/ military base where the applicant served. If the applicant has supplied the name of his or her unit, we can request to speak with either the "Admin Chief' or the "Company First Sergeant". If there are no records at the last duty station, or the senior personnel Cannot provide any information regarding the applicant's service, Sterling will follow the official US Military procedure as detailed below: Personal and Professional Reference Verifications Our researchers check your potential employee's personal and professional references by asking a set of dynamic questions that help you to establish a profile of the applicant's professional qualifications, personality, reputation, and character. Understanding the qualities and attributes of your applicants can insure the right fit and high employee retention. Sterling's Reference Verification check is a highly customizable program that can be configured to meet your specifications. International Criminal Search Sterling has extensive experience in performing international background checks. Our capabilities include: N Employment & Education Reference Verifications: Worldwide • Department of Motor Vehicle Reports: United States & Canada rr Criminal Background Checks: Over 200 Countries / Territories Worldwide a Drug Testing in several countries Sterling can perform and deliver services in over 40 languages throughout the world. We accomplish this through our International Team and our vendors and partners throughout the globe. This aids us in the confirmation of International Verifications, References, Criminal Checks and other services on an as needed basis. Criminal Background checks are available in hundreds of countries worldwide. Pricing, availability, and turnaround times vary widely by country, therefore Sterling will Inform our clients of these factors prior to Initiating each investigation. Fact sheets by country describing services available and average turnaround times can be provided, upon request. To process international criminal search requests, a previous address in the requested country is required. The following countries also require the search subject's maiden name: Argentina, Columbia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Mexico, Nicaragua, Panama, Paraguay, Peru, Spain, and Venezuela. We will search the highest court within an International country to uncover criminal history, however to make our search more effective, if a customer can provide address history within the country to be search this would increase the chances of identifying criminal records. Database Management Sterling can manage the database of the City of Fort Collins' employees and volunteers, saving you time and money. By tracking what was ordered and when for a given volunteer or employee, Sterling can determine which elements of the check are required for a change in status or renewal, based on the member's requirements for each position. This is particularly useful for returning volunteers, seasonal workers, volunteers who become employees or employees who transfer to a different job classification. Ongoing Audit Capabilities On an ongoing basis, Sterling recommends conducting random audits of employees and volunteers that have not been screened for a given period. We can run these based on the desired frequency and percentage of screened volunteers, using Screening Direct's upload capability, combined with Tandem Select's random sort capabilities. We could manage this process for your chapters, which would insure that all volunteers are regularly vetted to your end -users parameters. Services Agreement 7413 Background Screening Services Page 7 of 14 Follow -Up or Periodic Services: Sterling is able to easily accommodate any additional follow-up or periodic screening services requested by the City of Fort Collins. All our services are available a la carte via a drop -down list on the "Order Editor" screen of our user interface, Screening Direct. In addition, Sterling can run audits on regular intervals or on a random basis. Recommended audit products Include: N Criminal History Reports ►► National Criminal Scan N Drug Testing ►► Arrest Direct ArrestDirect Sterling's latest development is ArrestDirect, an innovative new line of search tools that allows employers to check the arrest records of their applicants and current employees within the last 30 days. This addresses definite gaps left by traditional criminal background screens, which only report convictions, leaving the most recent incidents and potential risks unidentified. Additionally, ArrestDirect will expand location searches to include criminal background searches of locations where a recent arrest was made — areas which might otherwise go unsearched. Sterling's new ArrestDirect program Is able to search arrest records in a way that is fully compliant with FORA regulations. The FCRA requires that all information reported must be from a primary source, and must be complete. Arrest data less than 30 days old is considered to be both, as it is the most complete data available on the incident. Sterling is the first company to go to market with this ground -breaking new method for collecting the most recent, up-to-date information on your applicants. ArrestDirect Employee is an ongoing post -hire search of the workforce for arrest activity that could present a potential liability to you based on an employee's job responsibilities. The product searches each new "booking" for the day and matches it against your current employee list. If there is a match, you will be notified with all the details of the arrest. The information can be used as a discussion point with the employee if you deem It to be job relevant and/or you can utilize it to take further action with the employee if it is outlined in your company policy and within applicable state laws. With ArrestDirect Employee you can: N Immediately identify employee behavioral intentions that may pose a threat. N Be proactive in curtailing potential issues by temporarily re -assigning high -risk employees until a final disposition has been reached. N Enforce your company policy regarding employee obligation to report arrests. N Help protect your workplace and the public from potential criminal events. Managed Adjudication This solution allows for the customization and administration of specific judgment or decision -making criteria for each report type so that employment decisions are made in a simple and consistent manner across the organization with no variance. Our system is able to automatically decide if the background screening report Is adverse and when used with Managed Adverse Action, Sterling offers a completely automated Managed Adjudication process from start to finish. Managed Hold Notification If you elect to utilize Sterling's Managed Adjudication service, sometimes information will return which does not clearly fit into the established Pass/Fail criteria, and requires your additional review or consideration. In these cases you have the option to keep the order on Hold and initiate a "Hold Notification" letter to the applicant. This allows the candidate an opportunity to resolve the issue in question; and to remain in contact with you if they wish to continue pursuing employment, once the item has reached resolution. At that point, the candidate would contact Sterling's Dispute Resolution department to have the report updated. You would be notified when they make contact to update the report, and again when it closes out, and then have an opportunity to reconsider the candidate, if desired, depending on the outcome. Service Provider will issue a Notice of Adverse Information and Notice of Adverse Action to applicants as appropriate. Service Provider will be the primary contact for individuals who wish to dispute inaccurate data and request of the Individual for further court documents, police reports or other supporting documentation. Service Provider will forward files electronically to appropriate City representative. Services Agreement 7413 Background Screening Services Page 8 of 14 Pre/Post Adverse Action Notices Sterling offers adverse action letter fulfillment to help our clients remain compliant and consistent with federal regulations. Clients have the option to choose Managed Adjudication, where Sterling supplies a "Pass" or "Fail" designation based on client criteria and clients can then initiate the adverse action process in the following ways: N Clients choose Do -It -Yourself Adverse Action, which means Sterling will send free templates of the pre and post adverse action letters and the client is responsible for mailing them In the appropriate timeline. N Clients choose Managed Adverse Action, which means Sterling will mail the letters and track the adverse action process from start to finish, with time and date stamps for every exchange. N Sterling sends the applicant a Pre -Adverse Action Letter, a copy of the completed background check, and a Summary of Rights under the FCRA. If the applicant contacts Sterling to dispute information contained in a completed background check, we will conduct a reinvestigation. We direct the applicant to contact the appropriate authorities (i.e. courthouses, credit bureaus) to obtain documentation supporting their claims. We will also notify your authorized contacts that one of their applicants is disputing information on the completed background screening report. We will follow the timelines mandated by the FCRA. Order Management Options: Sterling offers a variety of options for submitting a request for background screens, checking the status of a screen, receiving notification of completion, and viewing, storing and managing results. Screening Direct Order Management System Placing, tracking, retrieving and managing orders are easy. Screening Direct, Sterling's Internet based order management system is available 24 hours a day, seven days a week. This state -of -the art, easy to use, and secure web based environment allows users to place, track and retrieve orders and manage reports online. Screening Direct access is controlled by password and user name access and multiple levels of user authentication can be incorporated to restrict or enable certain activities. Key features Include: N 24x7 availability 1/ Extensive search, filter, and sort capabilities N Flexible printing of order summary or detail reports 1► Downloading of reports or storage on Sterling's system for two years N Application security that allows the customers to define access levels to results and/or data entry within the Screening Direct system Orders can be placed a la carte or for customized, role specific flat rate packages to create efficiencies, improve compliance and ensure that only pre -authorized services are utilized. Consent Portal Applicant Entry Option The consent portal streamlines the on -boarding process by enabling the applicant to commence the background check by entering Information relevant to the background screening process. Using this secure and customizable platform decreases the HR resources needed throughout the process, increases the accuracy of candidate input data, and makes the screening process much more efficient. The City has used this option successfully over the past five years resulting in reduced administrative costs and burden. Contractor Portal Credit Card Entry Option Sterling can also accept credit cards on our contractor portal. In fact, this has been set up in three unique ways to support our clients: • Always require a credit card (the applicant pays for the background check) N Never require a credit card (the agency pays for the background check) tl, Ask the applicant if they would like to pay for their background check Services Agreement 7413 Background Screening Services Page 9 of 14