Loading...
HomeMy WebLinkAbout6687 DocuSign Envelope ID:1B07D699-B720-4E02-A29B-1FFD6CB903F7 PROFESSIONAL SERVICES AGREEMENT Bremerton/Nasworthy pre-employment polygraph The City of Bremerton ("City") and Jack Nasworthy ("Consultant"), referred to collectively as the"Parties,"enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such- services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. IL Term: The City and the Consultant agree that work may begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that work will be completed on an as-needed basis by Consultant upon request made by the City.The parties further agree that the term of this agreement shall be on a continual basis, unless terminated as provided herein in Section IX. of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant$350 per polygraph examination as detailed within Exhibit A. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon receipt of a conforming billing statement, the City shall promptly process payment. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with the Scope of Work. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including,but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Page l of 5 Bremerton/Nasworthy Pre-employment polygraph Rev. 04/2024 DocuSign Envelope ID:1B07D699-B720-4E02-A29B-1FFD6CB903F7 Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance,Business&Occupation,State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent,the City may withhold the delinquent amount,plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. General Conditions: A. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,tools,or other articles used or held for use in connection with the work. Page 2 of 5 Bremerton/Nasworthy Pre-employment polygraph Rev.04/2024 DocuSign Envelope ID:1B07D699-B720-4E02-A29B-1FFD6CB903F7 B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Ryan Heffernan Attn: Jack Nasworthy City of Bremerton PO Box 839 345 6`1' Street, Suite 100 Gig Harbor, WA 98355 Bremerton, WA 98337-1891 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. G. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. H. Compliance with Laws: Consultant shall comply with all applicable Federal,State, and local laws in performing its obligations under this Agreement. I. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. • J. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. K. Assignment: Any assignment of this agreement by the Consultant without the written consent of the City shall be void. Page 3of5 Bremerton/Nasworthy Pre-employment polygraph Rev.04/2024 DocuSign Envelope ID:1B07D699-B720-4E02-A29B-1FFD6CB903F7 VII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subconsultants, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age(40+),sex,race,creed,color,national origin,sexual orientation/gender identity,marital status, military status, or the presence of any physical, mental or sensory disability, VIII. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. IX. Termination: Either party may terminate this agreement by providing thirty (30) days written notice to the other in accordance with Section VII.E. A. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the'Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. IN WITNESS WHEREOF,the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON Jack Nasworthy By: By: Print Name: Tom Wolfe Print ame: Ty MI w prig Its: Bremerton Chief of Police Its: O W nt Date: 05/01/24 Date: 1 7, i1 APPROVED AS TO FORM: ATTEST: DocuSigned by: ,—DocuSigned by: gitGld"td Kurt By: 2•46,5E83E1•@8462... By, `-24E E64E �C41F. Kylie J. FinneIl, Bremerton City Attorney Angela Hoov5 er, city Clerk • Page 4 of 5 Bremerton/Nasworthy Pre-employment polygraph Rev.04/2024 DocuSign Envelope ID:1B07D699-B720-4E02-A29B-1FFD6CB903F7 EXHIBIT A: DESCRIPTION OF SERVICES Consultant's services will be used by the City on an as-needed basis for pre-employment polygraph screenings. All screenings will be conducted at the Bremerton Police Department. The cost for the pre-employment polygraph is$350 per exam, which shall include any"successive hurdles"testing of an applicant the day of the initial exam. A"successive hurdle"shall be defined as a situation wherein if an applicant, during the initial polygraph screening, shows either "inconclusive" or "significant reaction," Consultant shall conduct a breakdown interview and testing to determine if any intervening circumstances affected the screening outcome. Upon completion of the breakdown interview, Consultant will conduct additional testing to determine if the results have changed based on the information discussed during the interview. If either Consultant or Applicant must leave and the "successive hurdles" interview cannot be completed at that time and is rescheduled, Consultant shall charge no additional fee for the rescheduled exam. If the Applicant is deemed to have "failed" the screening but appeals the results, the City is obligated to pay an additional exam fee of$350 for the second exam. Consultant's Curriculum Vitae is attached hereto for reference. Page 5 of 5 Bremerton/Nasworthy Pre-employment polygraph Rev. 04/2024 DocuSign Envelope ID:1B07D699-B720-4E02-A29B-1FFD6CB903F7 JACK NASWORTHY POLYGRAPH EXAMINER CONTACT PROFILE Nasworthypolygraph@gmail.com Exceptionally experienced criminal investigator, interviewer, and certified polygraph P.O. Box 389 examiner, conducting diagnostic and pre-employment polygraph examinations for Gig Harbor, WA 98335 government agencies. Currently managing a police polygraph unit. (253) 225-5885 (253) 831-2245 Msg POLYGRAPH TRAINING AND EXPERIENCE ASSOCIATIONS • Polygraph examiner• 2017 to present American Polygraph Association e PEAK Credibility Center—APA Certified Basic Examiner Course 2017 (APA) o January 2018— Northwest Polygraph Examiner's Association Training Conference American Association of Police • August 2019—American Polygraph Association Training Conference Polygraphists (AAPP) e June 2020—PEAK DLST Online Certification Northwest Polygraph Examiner's • June 2021 —Northwest Polygraph Examiner's Association Training Association (NWPEA) Conference • June 2022—American Association of Police Polygraphers Training Conference KEY SKILLS e August 2023—American Polygraph Association Training Conference Polygraph Examiner Criminal Investigations RELEVANT TRAINING AND EXPERIENCE Interview and Interrogation Crime Scene Investigations City of Tacoma Police Department,February 1991 to Present. Case Presentations 2006: Promoted to Detective and assigned to Criminal Investigations. Assignments Supervision and Leadership include burglary, vehicle crimes and the South Sound Regional Intelligence Group (SSRIG). I investigated extremist groups, anti-government groups,criminal street gangs, and organized crime. I was also a Liaison Officer with the FBI Joint Terrorism Task Force investigating domestic and international terrorist cases. 2011: Transferred to the Homicide Unit receiving extensive training and experience in crime scene investigations, shooting reconstruction, bloodstain pattern analysis, buried body recovery, child death investigations, interviewing and interrogation. State certified Lead Investigator for Officer Involved Shootings on the Pierce County Force Investigation Team. Extensive experience in case presentations, court testimony and report writing. Presented two case studies at the Washington Homicide Investigators Association Conference. I have been featured on The Discovery Channel's true crime television series"See No Evil" season 7 episode 10, "Four and a Half Minutes." 2023: Promoted to sergeant. Continue to conduct training on interviews and detection of deception. Continue to conduct polygraph examinations for the department and manage the Polygraph Unit.