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Home My WebLink AboutCAG2022-260 - Original - Public Safety Testing, Inc. - Investigative, Administrative, Legal Review & Audio Statement Transcription - 06/09/2022ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingComments: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached l' \ . I INVESTIGATIONS 1 SPEGIALIZED SERVICES AGREEMENT WHEREAS, PST lnvestigations is a skilled provider of pre-employment background investigations, administrative workplace investigations, and other services to public agencies, and WHEREAS, the Client desires to contract for new or additional services as set forth herein, NOW, THEREFORE PST lnvestigations, a division of Public Safety Testing, Inc. (the "Contractor"), and the Kent Police Department, a political subdivision of the state of Washington (the "Client"), do enter into this Agreement under the terms and conditions set forth herein. Descriotion of asic Services The Contractor will provide or coordinate independent service providers to perform the following services to the Client, on its request and at its direction linitial next to seruice(s) desiredl: /r/,., Workptace Administrative Investigation and Report. This service is described in the attached Exhibit A, incorporated by this reference as fully as if herein set forth. 4., Transcription of recorded statements. Professional Fees: The following professional fees for Contractor or independent service provider shall apply: 2.1 lnvestigative, Administrative, Legal Review and all non-travel time @ $225 per hour. 2.2 lnvestigator travel time @ $95 per hour. 2.3 Audio Statement Transcription @ 125o/o of SpeakWrite transcription rate. 2.4 The Contractor's actual costs incurred for travel, meals, lodging, parking, tolls, and other related expenses are additional. Mileage will be charged at the current federal standard mileage rate per mile. A 4% surcharge is added to these expenses to cover administrative fees. Washington State Specialized Services Ag reement' 2022 Kent Police Department, WA 2 Page 1 of 4 PST lnvestigations b. 7 5.3 The promises of the Client and Contractor shall include the reasonable cost of legal defense by counsel chosen by the mutual agreement of the parties hereto but shall exclude any cost, claim, or liability arising from breach of this Agreement or the negligent or tortious act of the party seeking indemnity, its officers, agents and/or employees. Termination: The Contractor and the Client may withdraw from this Agreement at any time for any reason with 30 days written notice. Entire Aqreement. Amendment: The Agreement is the entire agreement between the parties. Any prior agreement, written or oral, shall be deemed merged with its provisions. This Agreement shall not be amended, except in writing, with the express written consent of the parties hereto. This Agreement is dated this q'4 day of 2022 KENT POLICE DEPARTMENT, WA TIONS (a division ty Testing, Inc.) By: Print: Its:AWt e( oF ?"tic< By:ne9 2022 Print: Jon F. Walters, Jr Its:President Greq Wilson Director of I nvestiqations 20919 -44rH W. Suite 160 Lvnnwood. WA 98036 425.741.8872 I 425.7 76 9615 Point of Contact: Address 7Lo Ltu4 A.tlf S . City/State/Zip:kJr\*N*4 q> rerephone 25 3- 85b *58trL Invoicing Preference (select one): X.US Postal Service Mail Ll Electronic via email @ DE $0-'3b Specialized Services Agreement - 2022 Kent Police Department, WA ,5[Lrn( 253 - 8sb -58'l"lEmail: 4t$tti I I?o Telephone:75 3 -- ffilo-591 3 (Please above) D Address:Contact: DU Title Agency: City/State/Zip Subscriber's Gontact for Billinq Page 3 of 4 PST lnvestigations sales tax is NOT charged. Any out-of-state travel for investigative purposes will require pre-approval by the Client. 2.5 Testimony or preparation for administrative hearings related to the investigation @ $ZZS per hour 2.6 The Contractor will invoice the Client following completion of described services on behalf of the Contractor or an independent service provider. The Client will make payment within 30 days of receipt of the invoice. 3. Warranties and Reservations 3.1 Each service provided pursuant to this Agreement shall be conducted and provided in accordance with generally accepted practice in the relevant industry. The Contractor shall comply with state and federal statutes. No other warranty, express or implied, is provided by the Contractor. 3.2 The Contractor shall maintain complete written records of its investigation for two years following the investigation. I ndependent Contractor: The Contractor is an independent contractor. Any and all agents, employees, or contractors of the Contractor shall have such relation only with the Contractor. Nothing herein shall be interpreted to create an employment, agency, or contractual relationship between the Client and any employee, agent, or sub- contractor of the Contractor. lndemnity and Hold Harmless: The parties agree and hold harmless each other, their officers, agents, and employees in accordance with the following provisions: 4 5. 5.2 Specialized Services Agreement - 2022 Kent Police Department, WA 5.1 The Contractor shall defend and indemnify the Client from: 5.1.1 Any cost, claim, or liability arising from or out of the claims of an employee, agent, or sub-contractor to the end that the Contractor shall be an independent Contractor, and the Client shall be relieved of any and all claims arising from or relating to such employment relationships or contracts between the Contractor and third parties. 5.1.2 The alleged negligent or tortious act of the Contractor in the provision of services under this Agreement. 5.1.3 Any claim or charge incurred relating to a charge paid by the Client pursuant to Section 2.3 of this Agreement. The Client shall defend and indemnify and hold harmless the Contractor, its officers, agents, and employees from any and all cost, claim, or liability arising from or out of the alleged negligent or tortious act of the Client or its officers, agents, or employees in the provision of services hereunder. Page 2 of 4 PST lnvestigations EXHIBIT A WORKPLACE ADMINISTRATIVE INVESTIGATION SCOPE OF WORK: 1. The Contractor discusses the scope of work and expectations for the investigation with the Client. 2. The Contractor conducts witness & employee interviews. 3. The Client will provide any relevant manuals, operating procedures, investigative policies, labor contracts, or other rules that affect the administrative investigation. 4. Summary Report to the Client ' Summary of interviews. Summary of facts or other relevant information 5. The Contractor will not make findings of whether a policy has been violated or make disciplinary recommendations. 6. The Contractor will meet with the Client to deliver the report if requested. 7. The Contractor will assist with any administrative hearings or appeals after the investigation. CONSIDERATIONS . The Contractor is a licensed Private Investigator Agency in the State of Washington. ' The Client will provide necessary contact information for witnesses and assist with scheduling interviews, including any necessary directives/orders required to be given to the Client's employee(s).. The Contractor will contact the Client at any point during an investigation if it appears there is potential criminal conduct. The Client will advise the Contractor on how to proceed at that point.. The Contractor personnel have extensive background investigation and/or law enforcement investigative experience. The Contractor's investigators are Washington State licensed unarmed Private lnvestigators or licensed attorneys. Specialized Services Agreement - 2022 Kent Police Department, WA Page 4 of 4 PST lnvestigations