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Home My WebLink About5988 INVESTIGATIONS • SPECIALIZED SERVICES AGREEMENT WHEREAS, PST Investigations 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 Investigations, a division of Public Safety Testing, Inc., (the "Contractor") and the City of Bremerton, a political subdivision of the state of Washington (the "Client"), do enter into this Agreement under the terms and conditions set forth herein. 1. Description of Basic 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 [initial next to service(s) desired]: C71-1.1 Workplace Administrative Investigation and Report. This service is described on the attached Exhibit A, incorporated by this reference as fully as if herein set forth. N k1.2 Transcription of recorded statements. 2. Professional Fees: The following professional fees for Contractor or independent service provider shall apply: 2.1 Investigative, Administrative, Legal Review&all non-travel time @ $195 per hour 2.2 Investigator travel time @ $95 per hour 2.3 Audio Statement Transcription @ 125% of SpeakWrite transcription rate. 2.4 Investigator travel, lodging and per diem expenses are additional, using the federal mileage and per diem rates for your agency's location. Any out of state travel will require pre-approval by the Client. Also, a 4% surcharge is added to actual expenses to cover state and local B&O taxes and fees. Specialized Services Agreement—2019 Page 1 of 4 PST Investigations City of Bremerton, WA 2.5 Testimony or preparation for administrative hearings related to the investigation -- $195 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 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. 4. Independent 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. 5. Indemnity and Hold Harmless: The parties agree and hold harmless each other, their officers, agents, and employees in accordance with the following provisions: 5.1 The Contractor shall 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. 5.2 The Client shall 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. 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 Specialized Services Agreement—2019 Page 2 of 4 PST Investigations City of Bremerton, WA breach of this Agreement or from the negligent or tortious act of the party seeking indemnity, its officers, agents and/or employees. 6. Termination: The Contractor and the Client may withdraw from this Agreement at any time for any reason with 30 days written notice. 7. Entire Agreement, 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, at the express written consent of the parties hereto. This Agreement is dated this a°I day of 0101-41. , 2019 CITY OF BREMERTON, WA PST INVESTIGATIONS (a division f Pub!.",Safety Testing, Inc.) B lb� B : 66/ ` ' 'l Y Y Ma 28 2019 Print: C,`ncxv'(o L 1 t. .Q•sov\ Print: Jon F. Walters, Jr. Its: kNYYA,con O\) cS Its: President Point of Contact: C9\ou('1.o b - to VI Greg Wilson, Director of Investigations �� 44TH Address: S "�'�� S4e•lob 20818 —44 Ave W Suite 160 3� c0 s � City/State/Zip: ,124eilt.OrtOr) OA 33i Lynnwood, WA 98036 Telephone: 3(A-q 73-5/a./ 425.741.8872 / 425.776.9615 Subscriber's Contact for Billing (Please complete if different from contact information above) Contact: Li sem. a.--. (14c.vtA._ Title: - VYYU-V\ V SaLAT 2-S &c (, "} Agency: C: 4-L.' OA et.R..Ak O.V7dl1 Address: 3(!i tit6*flv24 sk-{ •lop City/State/Zip: ✓-eXk 'on Lc)A ! 8337 Telephone: 3100 " Li-13- 5347 Email: \‘S_ • ox.,,('I 4& & !i , ion2Wta1 -kev\ •c.exc.0 S Specialized Services Agreement—2019 Page 3 of 4 PST Investigations City of Bremerton, WA EXHIBIT A WORKPLACE ADMINISTRATIVE INVESTIGATION SCOPE OF WORK: 1. The Contractor discusses with the Client the scope of work, expectations for investigation. 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 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 with 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 WA licensed unarmed Private Investigators or licensed attorneys. Specialized Services Agreement—2019 Page 4 of 4 PST Investigations City of Bremerton, WA