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.
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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.
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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.
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Bremerton/Nasworthy
Pre-employment polygraph
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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
•
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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.
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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.