HomeMy WebLinkAboutSTERLING TALENT SOLUTIONS - CONTRACT - RFP - 8590 BACKGROUND SCREENING SERVICESEnd User Certification
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In compliance with the Federal Fair Credit Reporting Act, as amended (the “FCRA”),
the City of Fort Collins, Colorado
”End User” hereby certifies to Verified Volunteers that it understands and will comply
with End User’s obligations under the FCRA, as set forth below.
1. End User certifies that all of its orders for information products from Verified Vol-
unteers shall be made, and the resulting reports shall be used, for the following
Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq., permissible purposes only:
a. Section 604(a)(2). As instructed by the consumer in writing.
b. b) Section 604(a)(3)(B). For employment/volunteer purposes including eval-
uating a consumer for employment/volunteering, promotion, reassignment,
or retention as an employee/volunteer, where the consumer has given prior
written permission.
2. End User, unless End User elects to utilize Verified Volunteers’ Electronic Signa-
ture product, will ensure that prior to procurement or causing the procurement of
a consumer report or investigative consumer report (collectively the “report”) for
employment/volunteer 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/volunteer purposes. This disclosure will satisfy
all requirements identified in the Fair Credit Reporting Act, as well as any
applicable state or local laws; and
b. The consumer has authorized in writing the procurement of the report by the
End User.
3. Further, End User, unless End User elects to utilize Verified Volunteers’ Electronic
Signature product, will additionally ensure that prior to procurement or causing
the procurement of an investigative consumer report for employment/volunteer
purposes as required by law:
a. A clear and conspicuous disclosure has been made in writing to the con-
sumer prior to the report being procured or caused to be procured, in a doc-
ument that consists of only the disclosure as set forth in 2a) above, and that
an investigative consumer report including information as to the consumer’s
character, general reputation, personal characteristics and/or mode of living
will be obtained for employment/volunteer 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 re-
quest a copy of the rights of the consumer under the FCRA, a copy of which
is attached hereto (“Summary of Consumer Rights”). If the consumer makes
such a request in a reasonable amount of time, End User agrees to provide
the name and address of the outside agency to whom requests for any of
these reports has been made. This information shall be provided no later
than five days after the date on which the request for such disclosure was
received from the consumer or such report was first requested, whichever is
the latter.
4. Additionally, to the extent End User is requesting Verified Volunteers to provide
iCORI information, End User also affirms that:
a. End User notified the consumer in writing of, and received permission via
a separate authorization for Verified Volunteers to obtain and provide CORI
information to End User;
b. End User is in compliance with all federal and state credit reporting statutes;
c. End User will not misuse any CORI information provided in violation of feder-
al or state equal employment opportunity laws or regulations; and
d. End User will provide Verified Volunteers with a statement of the annual
salary of the position for which the subject is screened.
5. Additionally to the extent End User requests any reports covered by the Cali-
fornia Investigative Consumer Reporting Agencies Act (“ ICRA ”) , California
Civil Code Sections 1786 et seq., and/or the Consumer Credit Reporting
End User Certification
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Notice to Users of Consumer Reports: Obligations of Users under the FCRA
6. In using a report for employment/volunteer purposes, before taking any adverse
action based in whole or in part on the report, the End User shall provide to the
consumer or authorize Verified Volunteers 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 sum-
mary of rights; and
c. Provide the individual with a reasonable opportunity of time to correct any er-
roneous information contained in the report (and provide Verified Volunteers’
name and contact information) and if the individual is ultimately disqualified,
provide an Adverse Action letter, including the statutorily required notices
identified in Section 615 of the Fair Credit Reporting Act.
End User confirms that it must inform Verified Volunteers if any requested report is
not to be used for employment/volunteer purposes.
End User confirms that it will not use the information contained in a report in viola-
tion of any applicable federal, state or local equal employment opportunity or other
law, rule, regulation, code or guideline, including, but not limited to the Fair Credit
Reporting Act and Title VII of the Civil Rights Act of 1964. End User accepts full
responsibility for complying with all such laws and using the information products it
receives from Verified Volunteers in a legally acceptable fashion. To that end, End
User agrees to comply with and provide all statutorily required notices in Section 615
of the Fair Credit Reporting Act or other state laws when using information products.
End User accepts full responsibility for any and all consequences of use and/or
dissemination of those products
End User agrees to have reasonable procedures for the fair and equitable use of
background information and to secure the confidentiality of private information. End
User agrees to take precautionary measures to protect the security and dissemina-
tion of all consumer report or investigative consumer report information including, for
example, restricting terminal access, utilizing passwords to restrict access to termi-
nal devices, and securing access to, dissemination and destruction of electronic and
hard copy reports.
As a condition of entering into this Agreement, End User certifies that it has in place
reasonable procedures designed to comply with all applicable local, state, and
federal laws. End User also certifies that it will retain any information it receives from
Verified Volunteers for a period of five years from the date the report was received,
and will make such reports available to Verified Volunteers upon request. This certifi-
cation is incorporated into and made part of the Agreement, if applicable.
End User understands that the credit bureaus require specific written approval
before the following persons, entities and/or businesses may obtain credit reports:
private detectives, private detective agencies, private investigative companies, bail
bondsmen, attorneys, law firms, credit counseling firms, security services, members
of the media, resellers, financial counseling firms, credit repair clinics, pawn shops
(except companies that do only Title pawn), check cashing companies (except
companies that do only loans, no check cashing), genealogical or heir research
firms, dating services, massage or tattoo services, business that operate out of an
apartment, individuals seeking information for their own private use, adult entertain-
ment services of any kind, companies that locate missing children, companies that
handle third party repossession, companies seeking information in connection with
time shares, subscription companies, individuals involved in spiritual counseling or
persons or entities that are not an End User or decision maker.
End User also confirms that while it might provide Verified Volunteers with copies of
consent forms or related documents in order to provide Verified Volunteers with
information necessary to provide its services, Verified Volunteers 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 utilize Verified Volunteers’ Electronic Signature product, Verified Volunteers will
maintain electronic copies of consent forms.
End User Certification
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Notice to Users of Consumer Reports: Obligations of Users under the FCRA
All users of consumer reports must comply with all applicable regulations,
including regulations promulgated after this notice was first prescribed in 2004.
Information about applicable regulations currently in effect can be found at the
Consumer Financial Protection Bureau’s website, www.consumerfinance.gov/
learnmore.
The Fair Credit Reporting Act (FCRA), 15 U.S.C. §1681-1681y, requires that this notice
be provided to inform users of consumer reports of their legal obligations. State law
may impose additional requirements. The text of the FCRA is set forth in full at the
Bureau of Consumer Financial Protection’s website at www.consumerfinance.gov/
learnmore. At the end of this document is a list of United States Code citations for the
FCRA. Other information about user duties is also available at the Bureau’s website.
Users must consult the relevant provisions of the FCRA for details about their obliga-
tions under the FCRA.
The first section of this summary sets forth the responsibilities imposed by the FCRA
on all users of consumer reports. The subsequent sections discuss the duties of users
of reports that contain specific types of information, or that are used for certain pur-
poses, and the legal consequences of violations. If you are a furnisher of information
to a consumer reporting agency (CRA), you have additional obligations and will receive
a separate notice from the CRA describing your duties as a furnisher.
I. .OBLIGATIONS OF ALL USERS OF CONSUMER REPORTS
A. Users Must Have a Permissible Purpose
Congress has limited the use of consumer reports to protect consumers’ privacy. All
users must have a permissible purpose under the FCRA to obtain a consumer report.
Section 604 contains a list of the permissible purposes under the law. These are:
1. As ordered by a court or a federal grand jury subpoena. Section 604(a)(1)
2. As instructed by the consumer in writing. Section 604(a)(2)
3. For the extension of credit as a result of an application from a consumer, or
the review or collection of a consumer’s account. Section 604(a)(3)(A)
4. For employment purposes, including hiring and promotion decisions, where
the consumer has given written permission. Sections 604(a)(3)(B) and 604(b)
5. For the underwriting of insurance as a result of an application from a consum-
er. Section 604(a)(3)(C)
6. When there is a legitimate business need, in connection with a business
transaction that is initiated by the consumer. Section 604(a)(3)(F)(i)
7. To review a consumer’s account to determine whether the consumer contin-
ues to meet the terms of the account. Section 604(a)(3)(F)(ii)
8. To determine a consumer’s eligibility for a license or other benefit granted
by a governmental instrumentality required by law to consider an applicant’s
financial responsibility or status. Section 604(a)(3)(D)
9. For use by a potential investor or servicer, or current insurer, in a valuation
or assessment of the credit or prepayment risks associated with an existing
credit obligation. Section 604(a)(3)(E)
10. For use by state and local officials in connection with the determination of
child support payments, or modifications and enforcement thereof. Sections
604(a)(4) and 604(a)(5)
In addition, creditors and insurers may obtain certain consumer report information for
the purpose of making “prescreened” unsolicited offers of credit or insurance. Section
604(c). The particular obligations of users of “prescreened” information are described
in Section VII below.
B. Users Must Provide Certifications
Section 604(f) prohibits any person from obtaining a consumer report from a consumer
reporting agency (CRA) unless the person has certified to the CRA the permissible
purpose(s) for which the report is being obtained and certifies that the report will not
be used for any other purpose.
C. Users Must Notify Consumers When Adverse Actions Are Taken
The term “adverse action” is defined very broadly by Section 603. “Adverse actions”
include all business, credit, and employment actions affecting consumers that can be
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Notice to Users of Consumer Reports: Obligations of Users under the FCRA
D. Users Have Obligations When Fraud and Active Duty Military Alerts are in Files
When a consumer has placed a fraud alert, including one relating to identify theft,
or an active duty military alert with a nationwide consumer reporting agency
as defined in Section 603(p) and resellers, Section 605A(h) imposes limitations
on users of reports obtained from the consumer reporting agency in certain
circumstances, including the establishment of a new credit plan and the issuance
of additional credit cards. For initial fraud alerts and active duty alerts, the user
must have reasonable policies and procedures in place to form a belief that the
user knows the identity of the applicant or contact the consumer at a telephone
number specified by the consumer; in the case of extended fraud alerts, the user
must contact the consumer in accordance with the contact information provided
in the consumer’s alert.
E. Users Have Obligations When Notified of an Address Discrepancy
Section 605(h) requires nationwide CRAs, as defined in Section 603(p), to notify
users that request reports when the address for a consumer provided by the user
in requesting the report is substantially different from the addresses in the con-
sumer’s file. When this occurs, users must comply with regulations specifying
the procedures to be followed, which will be issued by the Consumer Financial
Protection Bureau and the banking and credit union regulators. The Consumer Fi-
nancial Protection Bureau regulations will be available at www.consumerfinance.
gov/learnmore/.
F. Users Have Obligations When Disposing of Records
Section 628 requires that all users of consumer report information have in place
procedures to properly dispose of records containing this information. The Con-
sumer Financial Protection Bureau, the Securities and Exchange Commission,
and the banking and credit union regulators have issued regulations covering
disposal. The Consumer Financial Protection Bureau regulations may be found at
www.consumerfinance.gov/learnmore/.
II. CREDITORS MUST MAKE ADDITIONAL DISCLOSURES
If a person uses a consumer report in connection with an application for, or a
grant, extension, or provision of, credit to a consumer on material terms that are
materially less favorable than the most favorable terms available to a substantial
proportion of consumers from or through that person, based in whole or in part
on a consumer report, the person must provide a risk-based pricing notice to the
consumer in accordance with regulations prescribed by the Consumer Financial
Protection Bureau. Section 609(g) requires a disclosure by all persons that make
or arrange loans secured by residential real property (one to four units) and that
use credit scores. These persons must provide credit scores and other informa-
tion about credit scores to applicants, including the disclosure set forth in Section
609(g)(1)(D) (“Notice to the Home Loan Applicant”).
III. OBLIGATIONS OF USERS WHEN CONSUMER REPORTS ARE OBTAINED
FOR EMPLOYMENT PURPOSES
A. Employment Other Than in the Trucking Industry
If the information from a CRA is used for employment purposes, the user has specific
duties, which are set forth in Section 604(b) of the FCRA. The user must:
• Make a clear and conspicuous written disclosure to the consumer before the
report is obtained, in a document that consists solely of the disclosure, that a
consumer report may be obtained.
• Obtain from the consumer prior written authorization. Authorization to ac-
cess reports during the term of employment may be obtained at the time of
employment.
• Certify to the CRA that the above steps have been followed, that the infor-
mation being obtained will not be used in violation of any federal or state
equal opportunity law or regulation, and that, if any adverse action is to be
taken based on the consumer report, a copy of the report and a summary of
the consumer’s rights will be provided to the consumer.
• Before taking an adverse action, the user must provide a copy of the report
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Section 607 Section 615 Section 624 15 U.S.C. 1681b 15 U.S.C. 1681h 15 U.S.C. 1681p 15 U.S.C. 1681v
Section 608 Section 616 Section 625 15 U.S.C. 1681c 15 U.S.C. 1681i 15 U.S.C. 1681q 15 U.S.C. 1681w
Notice to Users of Consumer Reports: Obligations of Users under the FCRA
V. SPECIAL PROCEDURES FOR EMPLOYMENT INVESTIGATIONS
Section 603(x) provides special procedures for investigations of suspected miscon-
duct by an volunteer or for compliance with Federal, state or local laws and regulations
or the rules of a self-regulatory organization, and compliance with written policies of
the employer. These investigations are not treated as consumer reports so long as the
employer or its agent complies with the procedures set forth in Section 603(x), and a
summary describing the nature and scope of the inquiry is made to the volunteer if an
adverse action is taken based on the investigation.
VI. OBLIGATIONS OF USERS OF MEDICAL INFORMATION
Section 604(g) limits the use of medical information obtained from consumer reporting
agencies (other than payment information that appears in a coded form that does not
identify the medical provider). If the information is to be used for an insurance trans-
action, the consumer must give consent to the user of the report or the information
must be coded. If the report is to be used for employment purposes – or in connection
with a credit transaction (except as provided in regulations issued by the banking and
credit union regulators) – the consumer must provide specific written consent and the
medical information must be relevant. Any user who receives medical information shall
not disclose the information to any other person (except where necessary to carry
out the purpose for which the information was disclosed, or a permitted by statute,
regulation, or order).
VII. OBLIGATIONS OF USERS OF “PRESCREENED” LISTS
The FCRA permits creditors and insurers to obtain limited consumer report informa-
tion for use in connection with unsolicited offers of credit or insurance under certain
circumstances. Sections 603(1), 604(c), 604(e), and 614(d). This practice is known as
“prescreening” and typically involves obtaining a list of consumers from a CRA who
meet certain preestablished criteria. If any person intends to use prescreened lists,
that person must (1) before the offer is made, establish the criteria that will be relied
upon to make the offer and grant credit or insurance, and (2) maintain such criteria on
file for a three-year period beginning on the date on which the offer is made to each
consumer. In addition, any user must provide with each written solicitation a clear and
conspicuous statement that:
• Information contained in a consumer’s CRA file was used in connection with
the transaction.
• The consumer received the offer because he or she satisfied the criteria for
credit worthiness or insurability used to screen for the offer.
• Credit or insurance may not be extended if, after the consumer responds, it
is determined that the consumer does not meet the criteria used for screen-
ing or any applicable criteria bearing on credit worthiness or insurability,
or the consumer does not furnish required collateral. The consumer may
prohibit the use of information in his or her file in connection with future pre-
screened offers of credit or insurance by contacting the notification system
established by the CRA that provided the report.
• The statement must include the address and toll-free telephone number of
the appropriate notification system.
In addition, the Consumer Financial Protection Bureau has established the format,
type size, and manner of the disclosure required by Section 615(d), with which users
must comply. The regulation is 12 CFR 1022.54.
VIII. OBLIGATIONS OF RESELLERS
A. Disclosure and Certification Requirements
Section 607(e) requires any person who obtains a consumer report for resale
to take the following steps:
1. Disclose the identity of the end-user to the source CRA.
2. Identify to the source CRA each permissible purpose for which the report will
be furnished to the end-user.
3. Establish and follow reasonable procedures to ensure that reports are resold
End User Certification
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TYPE OF BUSINESS: CONTACT:
1. a. Banks, savings associations, and
credit unions with total assets of over
$10 billion and their affiliates.
a. Consumer Financial Protection Bureau
1700 G Street NW Washington, DC 20552
b. Such affiliates that are not banks,
savings associations, or credit unions
also should list, in addition to the
Bureau:
b. Federal Trade Commission: Consumer Response Center –
FCRA Washington, DC 20580 (877) 382-4357
2. To the extent not included in item 1 above:
a. National banks, federal savings
associations, and federal branches
and federal agencies of foreign banks
a. Office of the Comptroller of the Currency
Customer Assistance Group 1301 McKinney Street, Suite
3450 Houston, TX 77010-9050
b. State member banks, branches and
agencies of foreign banks (other than
federal branches, federal agencies,
and insured state branches of foreign
banks), commercial lending compa-
nies owned or controlled by foreign
banks, and organizations operating
under section 25 or 25A of the Federal
Reserve Act
b. Federal Reserve Consumer Help Center
P.O. Box 1200 Minneapolis, MN 55480
c. Nonmember Insured Banks, Insured
State Branches of Foreign Banks, and
insured state savings associations
c. FDIC Consumer Response Center
1100 Walnut Street, Box #11 Kansas City, MO 64106
d. Federal Credit Unions
d. National Credit Union Administration Office of Consumer
Protection (OCP) Division of Consumer Compliance and
Outreach (DCCO) 1775 Duke Street Alexandria, VA 22314
3. Air carriers
Asst. General Counsel for Aviation Enforcement & Proceedings
Department of Transportation 1200 New Jersey Avenue, SE
Washington, DC 20590
4. Creditors Subject to Surface Transportation
Board
Office of Proceedings, Surface Transportation Board Department of
Transportation 395 E Street SW Washington, DC 20423
5. Creditors Subject to Packers and Stock-
yards Act
Nearest Packers and Stockyards Administration area supervisor
6. Small Business Investment Companies
Associate Deputy Administrator for Capital Access United States
Small Business Administration 409 Third Street, SW, 8th Floor
Washington, DC 20416
7. Brokers and Dealers
Securities and Exchange Commission 100 F St NE
Washington, DC 20549
8. Federal Land Banks, Federal Land Bank
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Service Agreement
Service Agreement
Verified Volunteers, a division of Sterling Infosystems Inc. (“Verified Volunteers”), and the client named below (“Client”) agree that Verified Volunteers shall make available to
Client volunteer and pre-employment screening services (“Services”) subject to this Service Agreement (“Agreement”). The Effective Date of this Agreement is as set forth below
Verified Volunteers’ signature. In consideration of the mutual obligations set forth in this Agreement, each party agrees to the terms and conditions below and represents that
this Agreement is executed by its duly authorized representative:
Verified Volunteers Client:
Signature: Signature:
Print Name: Print Name:
Title: Title:
Date: Date:
1. Services
a. Verified Volunteers shall continue to make available to Client the
services listed on Attachment A attached hereto at the prices set forth on
such Attachment. Verified Volunteers and Client agree that Client’s
orders for background checks hereunder effective November 20, 2017
(the “Commencement Date”). Any twelve (12) month period starting on
the Commencement Date or anniversary thereof is referred to as a “Con-
tract Year”.
b. The term of this Agreement shall commence on the Effective Date or
such other date as the parties may agree in writing, and continue for a
term of twelve (12) months after the Commencement Date. Thereafter,
this Agreement may be renewed for up to four (4) additional one (1)
year terms with at least thirty (30) days prior written notice. The initial
term and any renewal period constitute “the Term” of this Agreement.
c. The Client shall have the right to terminate this Agreement at anytime and
without cause with fifteen (15) days prior written notice. In the event the
Client terminates the Agreement, the Client shall pay Verified Volunteers
for all service provided up to the date of the termination notice.
2. Invoicing and Payment
a. Verified Volunteers will invoice Client monthly and payment shall be due
within thirty (30) days of the date of invoice. A late payment charge equal
to the lesser of 1½% per month or the highest lawful rate may be applied
to any outstanding balances until paid.
b. After the initial one (1) year term of this Agreement, Verified Volunteers reserves
the right to revise its pricing for Services upon thirty (30) days written
notice, provided that such increase shall be no more than 5% per year and
such new pricing shall not be retroactive and shall only apply for services
performed after the price revision. In addition, Client acknowledges that
Verified Volunteers’ pricing on Attachment A is based on Client’s
projected annual volume (which may be measured in number of
volunteers screened and/or the amounts payable to Verified Volunteers)
as set forth on such Attachment. In the event Client’s actual volume, by
one or more measure on Attachment A, as of the end of a Contract Year is
less than 90% of such projected volume, Verified Volunteers may revise
its pricing upon written notice to Client. Notwithstanding the foregoing, in
the event state or local government fees payable by Sterling in
connection with the provision of Services increase during the Term,
Verified Volunteers may pass along such price increase to Client upon
notice.
c. Restrictions on Use
d. Client will obtain and use any Consumer Report or Investigative Con-
sumer Report, as those terms are defined in the Fair Credit Reporting Act
(“FCRA”), solely for the purpose(s) designated by the Client in the Cre-
dentialing Application and in accordance with the End User Certification
signed by the Client. Client will not provide any part of the Services to
others, whether directly or indirectly, through incorporation in a database,
report or otherwise.
Client will use the Services only in compliance with all applicable local,
Service Agreement
Service Agreement
4. Disclaimers
a. Client acknowledges that the depth of information collected by Verified
Volunteers varies among sources and Verified Volunteers cannot act as an
insurer or guarantor of the accuracy, reliability or completeness of the
data. Client shall be responsible for determining that its use of the Services
complies with all applicable federal, state or local laws, rules or regulations,
including but not limited to FCRA and FACTA.
B. EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, ALL SER-
VICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. OTHER
THAN AS EXPLICITLY STATED IN THIS AGREEMENT, (1) VERIFIED
VOLUNTEERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, AND (2) VERIFIED VOLUNTEERS DOES NOT
WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-
FREE AND DISCLAIMS ANY WARRANTY OR REPRESENTA- TION
REGARDING AVAILABILITY OF A SERVICE, SERVICE LEVELS OR
PERFORMANCE.
5. Limitation of Liability
A. NEITHER PARTY WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES OF
ANY KIND, REGARDLESS OF WHETHER OR NOT THE OTHER PARTY WAS
AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH
DAMAGES.
B. EACH PARTY’S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO
THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER
IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHER- WISE), WILL
NOT EXCEED THE TOTAL AMOUNT PAID AND PAYABLE BY CLIENT
HEREUNDER DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING
THE DATE ON WHICH SUCH LOSS, DAMAGE, INJURY, CLAIM, COST OR
EXPENSE OCCURRED.
c. Notwithstanding anything to the contrary, the exclusions and limitations set
forth in Section 6a and Section 6b above shall not apply with respect to
breach of Section 3 or 4.
6. Termination
a. Verified Volunteers may immediately suspend Services, in whole or in part,
under this Agreement without notice (i) upon Client’s failure to pay
amounts when due, (ii) if Client files bankruptcy or reorganization or fails
to discharge an involuntary petition within sixty (60) days after filing date,
or (iii) if Verified Volunteers reasonably believes that its provision,
or Client’s use, of the Services shall violate the FCRA or other applicable
law. In the event of material breach of this Agreement by Client or Verified
Volunteers, the non-breaching party may terminate this Agreement if such
breach is not cured within forty-five (45) days of written notice of breach;
provided that if such breach is not capable of being cured the non-
breaching party may terminate this Agreement upon written notice.
b. The provisions set forth in Sections 4, 5, 6, 7.b, 8 and 9 will survive the
termination of this Agreement.
7. Choice of Law; Disputes
a. This Agreement is governed by and construed in accordance with the
laws of the State of Colorado, without regard to choice of law
provisions.
8. Miscellaneous
a. This Agreement, addenda, exhibits and/or schedules (including the
End User Certification and Credentialing Application) constitute the
entire agreement between Verified Volunteers and Client regarding
the
Services. All prior agreements, both oral and written, between the
parties on the matters contained in this Agreement are expressly
Service Agreement
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Attachment A: Verified Volunteers Product & Service Pricing
For Volunteers
Expected Annual Spend (in $) per Contract Year : $15,325
CLIENT INITIAL :
Expected Annual Volume (in number of volunteers screened) per Contract Year : 658
DocuSign Envelope ID: A9052E36-DF2D-4A14-84AD-6812D154C75F
Service Agreement
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Attachment A: Our Products & Services
For Volunteers
FAST-PASS / SHARED SERVICES BASE PRICE
Fast-Pass Shared Criminal Packages FREE
REBATES REBATE
Rebates from Fast-Pass Sharing by Volunteers with Other Organizations* up to $4.00
*Received when your organization has paid for a portion of the original background check and the volunteer has purchased the Fast-Pass (unlimited
sharing subscription). Rebates of $2.00 are given for the first two shares marked “Eligible” by other organizations.
DocuSign Envelope ID: A9052E36-DF2D-4A14-84AD-6812D154C75F
Service Agreement
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Attachment A: Our Products & Services
For Employee Applicants
Expected Annual Spend (in $) per Contract Year : $15,500
CLIENT INITIAL :
Expected Annual Volume (in number of employees screened) per Contract Year : 696
SISS
Sterling Screening Direct Employment Screening Products & Services
Basic Package - $23.66
• SSN Trace (includes name/address trace to determine jurisdictions to search for criminal records)
• DOJ Sex Offender Search (most comprehensive search)
• Colorado County or Statewide
• County Criminal (7 year based on address trace history) or Statewide Criminal (7 year based on address trace
history--Auto County/State Jurisdiction Setting enabled)
Based on the applicant’s disclosure and the results of the name/address trace, Basic Package above plus Alias/Maiden
names with appropriate criminal jurisdictions based off 7-year trace - $34.00
Note: Packaged pricing above inclusive of fees except for these states: NY, ME, VT, PR
Unbundled Background Screening Services on Screening Direct Platform
For costs on “a la carte” or per unit background screening services, please reference the chart below:
DocuSign Envelope ID: A9052E36-DF2D-4A14-84AD-6812D154C75F
Service Agreement
w w w . v e r i f i e d v o l u n t e e r s . c o m
DocuSign Envelope ID: A9052E36-DF2D-4A14-84AD-6812D154C75F
Service Agreement
w w w . v e r i f i e d v o l u n t e e r s . c o m
DocuSign Envelope ID: A9052E36-DF2D-4A14-84AD-6812D154C75F
Service Agreement
w w w . v e r i f i e d v o l u n t e e r s . c o m
APPROVED AS TO FORM:
ATTEST:
DocuSign Envelope ID: A9052E36-DF2D-4A14-84AD-6812D154C75F
Katie Zwetzig
1/4/2018
Executive Director
Assistant City Attorney
1/4/2018
Purchasing Director
Gerry Paul
City Clerk
DocuSign Envelope ID: A9052E36-DF2D-4A14-84AD-6812D154C75F
DocuSign Envelope ID: A9052E36-DF2D-4A14-84AD-6812D154C75F
cancelled and superseded by this Agreement. In no event shall any
terms or conditions included on any form of Client purchase order
apply to the relationship between Verified Volunteers and Client
hereunder, unless such terms
are expressly agreed to by the parties in writing. Any amendments of
or waivers relating to this Agreement must be in writing signed by the
party, or parties, to be charged therewith.
b. This Agreement binds and inures to the benefit of the parties and their
successors and permitted assigns, except that neither party may
assign this Agreement without the prior written consent of the other
party; how- ever, Verified Volunteers may assign the Agreement to any
of its affiliated companies or in connection with a merger or
consolidation involving Verified Volunteers (so long as the assignment
is to the newly merged or consolidated entity) or the sale of
substantially all of Verified Volunteers’ assets (so long as the
assignment is to the acquirer of such assets).
c. Verified Volunteers may reach out directly to volunteers to assist them
in the ordering process, and may, on occasion, communicate with
volunteers to promote those elements of our platform that build out the
Verified Volunteers community, including, but not limited to, our Fast-
Pass sharing and recruiting elements.
9. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-
101, C.R.S., et. seq., Verified Volunteers ("VV") represents and agrees that:
As of the date of this Agreement:
VV does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
VV will participate in either the e-Verify 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 “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the
employment eligibility of all newly hired employees to perform work under this
Agreement.
VV 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.
VV is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while
this Agreement is being performed.
If VV obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
VV shall:
Notify such subcontractor and the Client within three days that VV has
actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
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 VV
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.
VV 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.
If Professional violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the Client may terminate
this Agreement. If this Agreement is so terminated, VV shall be liable for
actual and consequential damages to the Client arising out of VV violation
of Subsection 8-17.5-102, C.R.S.
The Client will notify the Office of the Secretary of State if VV violates this
provision of this Agreement and the Client terminates the Agreement for such
breach.
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state, federal and international laws, rules, regulations or requirements,
including, but not limited to the FCRA and the Fair and Accurate Credit
Transactions Act (“FACTA”) and applicable state and local laws and regu-
lations.
3. Confidentiality
a. Client shall not disclose any background screening reports provided by
Verified Volunteers hereunder except as permitted by this Agreement or
required by law, provided that Client is not prohibited from disclosing
such report to the subject of such report.
b. Each party (“Recipient”) will treat all information provided by the other
party (“Discloser”) that Discloser designates in writing to be confidential
in the same manner as Recipient treats its own confidential information.
Discloser represents and warrants that it has all necessary legal rights,
title, consents and authority to disclose such confidential information to
Recipient. Confidential information shall not include information that (i)
is or becomes a part of the public domain through no act or omission of
Recipient; (ii) was in Recipient’s lawful possession prior to Discloser’s dis-
closure to Recipient; (iii) is lawfully disclosed to Recipient by a third party
with the right to disclose such information and without restriction on such
disclosure; or (iv) is independently developed by Recipient without use of
or reference to the confidential information, or (v) as required by law,
including but not limited to the Colorado Open Records Act, C.R.S. §§ 24-
72-200.1 et seq. (the “CORA”).
DocuSign Envelope ID: A9052E36-DF2D-4A14-84AD-6812D154C75F
Katie Zwetzig
Executive Director
1/4/2018 1/4/2018
Purchasing Director
Gerry Paul
City of Fort Collins
Associations, Federal Intermediate Credit
Banks, and Production Credit Associations
Farm Credit Administration
1501 Farm Credit Drive Mclean, VA 22102-5090
9. Retailers, Finance Companies, and All
Other Creditors Not Listed Above
FTC Regional Office for region in which the creditor operates
or Federal Trade Commission: Consumer Response Center –
FCRA Washington, DC 20580 (877) 382-4357
A Summary of Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and pri-
vacy of information in the files of consumer reporting agencies. There are many types
of consumer reporting agencies, including credit bureaus and specialty agencies (such
as agencies that sell information about check writing histories, medical records, and
rental history records). Here is a summary of your major rights under the FCRA.
For more information, including information about additional rights, go to www.
consumerfinance.gov/learnmore or write to: Consumer Financial Protection
Bureau, 1700 G Street N.W., Washington, DC 20552.
• You must be told if information in your file has been used against you.
Anyone who uses a credit report or another type of consumer report to deny
your application for credit, insurance, or employment – or to take another
adverse action against you – must tell you, and must give you the name,
address, and phone number of the agency that provided the information.
• You have the right to know what is in your file. You may request and ob-
tain all the information about you in the files of a consumer reporting agency
(your “file disclosure”). You will be required to provide proper identification,
which may include your Social Security number. In many cases, the disclo-
sure will be free. You are entitled to a free file disclosure if:
• a person has taken adverse action against you because of information in
your credit report;
• you are the victim of identity theft and place a fraud alert in your file;
• your file contains inaccurate information as a result of fraud;
• you are on public assistance;
• you are unemployed but expect to apply for employment within 60 days.
In addition, all consumers are entitled to one free disclosure every 12 months
upon request from each nationwide credit bureau and from nationwide
specialty consumer reporting agencies. See www.consumerfinance.gov/
learnmore for additional information.
• You have the right to ask for a credit score. Credit scores are numeri-
cal summaries of your credit-worthiness based on information from credit
bureaus. You may request a credit score from consumer reporting agencies
that create scores or distribute scores used in residential real property loans,
but you will have to pay for it. In some mortgage transactions, you will
receive credit score information for free from the mortgage lender.
• You have the right to dispute incomplete or inaccurate information. If
you identify information in your file that is incomplete or inaccurate, and re-
port it to the consumer reporting agency, the agency must investigate unless
your dispute is frivolous. See www.consumerfinance.gov/learnmore for an
explanation of dispute procedures.
• Consumer reporting agencies must correct or delete inaccurate, incom-
plete, or unverifiable information. Inaccurate, incomplete or unverifiable
information must be removed or corrected, usually within 30 days. However,
a consumer reporting agency may continue to report information it has
verified as accurate.
• Consumer reporting agencies may not report outdated negative
information. In most cases, a consumer reporting agency may not report
negative information that is more than seven years old, or bankruptcies that
are more than 10 years old.
• Access to your file is limited. A consumer reporting agency may provide
information about you only to people with a valid need – usually to consider
an application with a creditor, insurer, employer, landlord, or other business.
The FCRA specifies those with a valid need for access.
• You must give your consent for reports to be provided to employers. A
consumer reporting agency may not give out information about you to your
employer, or a potential employer, without your written consent given to the
employer. Written consent generally is not required in the trucking industry.
For more information, go to www.consumerfinance.gov/learnmore.
• You may limit “prescreened” offers of credit and insurance you get
based on information in your credit report. Unsolicited “prescreened”
offers for credit and insurance must include a toll-free phone number you
can call if you choose to remove your name and address from the lists these
offers are based on. You may opt-out with the nationwide credit bureaus at
1-888-567-8688
• You may seek damages from violators. If a consumer reporting agency, or,
in some cases, a user of consumer reports or a furnisher of information to
a consumer reporting agency violates the FCRA, you may be able to sue in
state or federal court.
• Identity theft victims and active duty military personnel have additional
rights. For more information, visit www.consumerfinance.gov/learnmore.
States may enforce the FCRA, and many states have their own consumer reporting
laws. In some cases, you may have more rights under state law. For more
information, contact your state or local consumer protection agency or your state
Attorney General. For information about your federal rights, contact:
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only for permissible purposes, including procedures to obtain:
• the identify of all end-users;
• certifications from all users of each purpose for which reports will be
used; and
• certifications that reports will not be used for any purpose other than
the purpose(s) specified to the reseller. Resellers must make reasonable
efforts to verify this information before selling the report.
B. Reinvestigations by Resellers
Under Section 611(f), if a consumer disputes the accuracy or completeness
of information in a report prepared by a reseller, the reseller must determine
whether this is a result of an action or omission on its part and, if so, correct
or delete the information. If not, the reseller must send the dispute to the
source CRA for reinvestigation. When any CRA notifies the reseller of the
results of an investigation, the reseller must immediately convey the informa-
tion to the consumer.
C. Fraud Alerts and Resellers
Section 605A(f) requires resellers who receive fraud alerts or active duty
alerts from another consumer reporting agency to include these in their
reports.
IX. LIABILITY FOR VIOLATIONS OF THE FCRA
Failure to comply with the FCRA can result in state government or federal government
enforcement actions, as well as private lawsuits. Sections 616, 617, and 621. In ad-
dition, any person who knowingly and willfully obtains a consumer report under false
pretenses may face criminal prosecution. Section 619.
The Consumer Financial Protection Bureau website, www.consumerfinance.gov/
learnmore, has more information about the FCRA.
Citations for FCRA Sections in the US Code, 15 U.S.C. § 1681 et seq.:
Section 603 Section 609 Section 618 Section 626 15U.S.C.1681c-1 15 U.S.C. 1681j 15 U.S.C. 1681r 15 U.S.C. 1681x
Section 604 Section 610 Section 619 Section 627 15U.S.C.1681c-2 15 U.S.C. 1681k 15 U.S.C. 1681s 15 U.S.C. 1681y
Section 605 Section 611 Section 620 Section 628 15 U.S.C. 1681d 15 U.S.C. 1681l 15U.S.C.1681s-1
Section 605A Section 612 Section 621 Section 629 15 U.S.C. 1681e 15 U.S.C. 1681m 15U.S.C.1681s-2
Section 605B Section 613 Section 622 15 U.S.C. 1681 15 U.S.C. 1681f 15 U.S.C. 1681n 15 U.S.C. 1681t
Section 606 Section 614 Section 623 15 U.S.C. 1681a 15 U.S.C. 1681g 15 U.S.C. 1681o 15 U.S.C. 1681u
Para informacion en espanol, visite www.consumerfinance.gov/learnmore
o escribe a la Consumer Financial Protection Bureau, 1700 G Street N.W.,
Washington, DC 20552.
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to the consumer as well as the summary of consumer’s rights (The user
should receive this summary from the CRA.) A Section 615(a) adverse action
notice should be sent after the adverse action is taken.
An adverse action notice also is required in employment situations if credit information
(other than transactions and experience data) obtained from an affiliate is used to deny
employment. Section 615(b)(2). The procedures for investigative consumer reports and
volunteer misconduct investigations are set forth below.
B. Employment in the Trucking Industry
Special rules apply for truck drivers where the only interaction between the
consumer and the potential employer is by mail, telephone, or computer. In
this case, the consumer may provide consent orally or electronically, and an
adverse action may be made orally, in writing, or electronically. The consum-
er may obtain a copy of any report relied upon by the trucking company by
contacting the company.
IV. OBLIGATIONS WHEN INVESTIGATIVE CONSUMER REPORTS ARE USED
Investigative consumer reports are a special type of consumer report in which infor-
mation about a consumer’s character, general reputation, personal characteristics, and
mode of living is obtained through personal interviews by an entity or person that is a
consumer reporting agency. Consumers who are the subjects of such reports are giv-
en special rights under the FCRA. If a user intends to obtain an investigative consumer
report, Section 606 requires the following:
• The user must disclose to the consumer that an investigative consumer
report may be obtained. This must be done in a written disclosure that is
mailed, or otherwise delivered, to the consumer at some time before or not
later than three days after the date on which the report was first requested.
The disclosure must include a statement informing the consumer of his or
her right to request additional disclosures of the nature and scope of the
investigation as described below, and the summary of consumer rights
required by Section 609 of the FCRA. (The summary of consumer rights will
be provided by the CRA that conducts the investigation.)
• The user must certify to the CRA that the disclosures set forth above have
been made and that the user will make the disclosure described below.
• Upon the written request of a consumer made within a reasonable period of
time after the disclosures required above, the user must make a complete
disclosure of the nature and scope of the investigation.
• This must be made in a written statement that is mailed or otherwise de-
livered, to the consumer no later than five days after the date on which the
request was received from the consumer or the report was first requested,
whichever is later in time.
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considered to have a negative impact as defined by Section 603(k) of the FCRA – such
as denying or canceling credit or insurance, or denying employment or promotion. No
adverse action occurs in a credit transaction where the creditor makes a counteroffer
that is accepted by the consumer.
1. Adverse Actions Based on Information Obtained From a CRA
If a user takes any type of adverse action as defined by the FCRA that is
based at least in part on information contained in a consumer report, Section
615(a) requires the user to notify the consumer. The notification may be done
in writing, orally, or by electronic means. It must include the following:
• The name, address, and telephone number of the CRA (including a toll-
free telephone number, if it is a nationwide CRA) that provided the report.
• A statement that the CRA did not make the adverse decision and is not
able to explain why the decision was made.
• A statement setting forth the consumer’s right to obtain a free disclosure
of the consumer’s file from the CRA if the consumer makes a request
within 60 days.
• A statement setting forth the consumer’s right to dispute directly with the
CRA the accuracy or completeness of any information provided by the
CRA.
2. Adverse Actions Based on Information Obtained From Third Parties
Who Are Not Consumer Reporting Agencies
If a person denies (or increases the charge for) credit for personal, family, or
household purposes based either wholly or partly upon information from a
person other than a CRA, and the information is the type of consumer infor-
mation covered by the FCRA, Section 615(b)(1) requires that the user clearly
and accurately disclose to the consumer his or her right to be told the nature
of the information that was relied upon if the consumer makes a written
request within 60 days of notification. The user must provide the disclosure
within a reasonable period of time following the consumer’s written request.
3. Adverse Actions Based on Information Obtained From Affiliates
If a person takes an adverse action involving insurance, employment, or a
credit transaction initiated by the consumer, based on information of the type
covered by the FCRA, and this information was obtained from an entity affil-
iated with the user of the information by common ownership or control, Sec-
tion 615(b)(2) requires the user to notify the consumer of the adverse action.
The notice must inform the consumer that he or she may obtain a disclosure
of the nature of the information relied upon by making a written request
within 60 days of receiving the adverse action notice. If the consumer makes
such a request, the user must disclose the nature of the information not later
than 30 days after receiving the request. If consumer report information is
shared among affiliates and then used for an adverse action, the user must
make an adverse action disclosure as set forth in I.C.1 above.
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End User also confirms that information obtained through a Social Security Number
trace will not be used directly to disqualify employees/volunteers from employment
or volunteering or from continued volunteerism.
End User also confirms that it shall not use Social Security Number trace results in
any way, directly or indirectly, for the purpose of making employment decisions. End
user will not resell this data or use it for marketing purposes. End User also confirms
that it will not use Social Security Number trace information in any way that would
violate the privacy obligations or any other terms and provisions of the Gramm–
Leach-Bliley Act (15 U.S.C 6801 et seq.) or the Federal Drivers Privacy Protection
Act (18.U.S.C. Section 2721 et seq.) or any other similar state or local statute, rule or
regulation.
End User hereby acknowledges receipt of the Summary of Consumer Rights and
receipt of “Notice to Users of Consumer Reports: Obligations of Users under the
FCRA”, also attached hereto.
Authorized Signature
Organization/End User
Date mm/dd/yyyy
Name/Title
DocuSign Envelope ID: A9052E36-DF2D-4A14-84AD-6812D154C75F
City of Fort Collins Purchasing Director
1/4/2018
Gerry Paul
Agencies Act (“CC RA A ”), California Code Sections 1785.1, et seq., which
require consent from the consumer, End User also affirms that:
a. it will request and use information products solely for permissible purpose(s)
identified under California Civil Code Sections 1785.11 and 1786.12; and
b. it will provide a clear and conspicuous disclosure in writing to the consumer,
which discloses solely:
i. that an investigative Information Products may be obtained;
ii. the permissible purpose of the investigative Information Products;
iii. the End User’s name, mailing address, website address, and toll-free
telephone number;
iv.that the report will include information on the consumer’s character,
general reputation, personal characteristics, and mode of living;
v.the nature and scope of the investigation to be performed, including a
summary of the provisions of California Civil Code Section 1786.22;
vi. the consumer’s right to inspect Verified Volunteers’ files about the sub-
ject by providing proper identification and Verified Volunteers will provide
the subject with trained personnel and explanation of any codes to help
understand those files; and
vii. 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,
along with the name, address, and telephone number of the person at
End User who issued the report and how to contact him/her.
c. End User also certifies that under all applicable circumstances, it will comply
with California Civil Code Sections 1785.20 and 1786.40 if the taking of
adverse action is a consideration, which shall include, but may not be limited
to, advising the consumer against whom an adverse action has been taken
that the adverse action was based in whole or in part upon information
contained in the Information Product, informing the consumer in writing
of the End User’s name, address, and telephone number, and provide the
consumer of a written notice of his/her rights under the ICRA and CCRAA.
d. End User also will comply with all other requirements under applicable
California law, including, but not limited to, any statutes, regulations, and
rules governing the procurement, use and/or disclosure of any information
producers, including, but not limited to, the ICRA and CCRAA.
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