HomeMy WebLinkAboutPublic Safety Testing, Inc. - Agreement between COY and PST Investigations for an Administrative Investigation and Report.SPECIALIZED SERVICES AGREEMENT
WHEREAS, PST Investigations, a division of Public Safety Testing, Inc. (the
"Contractor"), 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
NOW THEREFORE, the Contractor and the City of Yakima, a political subdivision of the
State of Washington (the "Client" or "City"), 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
[check the box next to service(s) desired]:
1.1 Administrative Investigation and Report. This service is described in
Exhibit A (attached) and incorporated by this reference as fully as if
herein.
1.2 Transcription of recorded statements.
Professional Fees:
The following professional fees for the Contractor or independent service
provider shall apply:
2,1 Investigative, Administrative, Legal Review, and al
hour.
2.2 Investigator travel time $95 per hour.
2.3 Audio Statement Transcription 125% of the SpeakWrite transcription rate.
non -travel
e $250 per
2.4 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 Agreement - 2025 Page 1 of 7 PST Investigations
City of Yakima, WA
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 $375 per hour.
2.6 Expert witness services (document review, report, testimony preparation,
etc.) $350 per hour.
2.6.1 Expert witness testimony $450 per hour.
2.7 Contractor will invoice Client upon completion of services. Payment is due
within 30 days of receipt of the invoice. Unpaid invoices after 45 days may
be subject to a 1 % monthly late fee. Disputed charges must be reported in
writing within 15 days of receipt.
Warranties and Reservations
3.1 All services shall be provided in accordance with generally accepted
industry practices and in compliance with applicable federal and state
laws. No other express or implied warranties are made.
3.2 The Contractor shall maintain complete written records of its investigation
for two years following the investigation.
4. Independent Contractor Status:
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
subcontractor of the Contractor.
Contractor shall be solely responsible for and shall pay all taxes,
deductions, and assessments, including but not limited to federal income
tax, FICA, social security tax, assessments for unemployment and
industrial injury insurance, and other deductions from income which may
be required by law or assessed against either party as a result of this
Agreement. In the event Client is assessed a tax or assessment as a
result of this Agreement, Contractor shall pay the same before it
becomes due.
5. Indemnification 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 subcontractor of the Contractor made against
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City of Yakima, WA
Client whether asserted under tort, employment or any other legal
cause of action.
5.1.2 The alleged negligent or tortious act arising out of
Contractor's performance 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, except that in
the event that any claim, damage, loss, liability, cost, or expense arises
from the joint negligent or tortious acts or omissions of the Client and the
Contractor, and/or any third party, the Client shall be liable under this
Agreement solely in proportion to its share of fault for such claim, damage,
loss, liability, cost, or expense, as may be determined by mutual
agreement or, failing that, by a court of competent jurisdiction.
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.
5.4 Nothing contained in this Section or this Agreement shall be construed
to create a liability or a right of indemnification in any third party.
5.5 The terms of this Section shall survive any expiration or termination of
this Agreement.
6. Confidentiality:
Both parties agree to maintain the confidentiality of all investigation -related
information and documentation, except as disclosure is required by law. This
obligation shall survive termination of this Agreement.
7. Termination:
The Contractor and the Client may withdraw from this Agreement at any time for
any reason with 30 days written notice.
Governing Law and Dispute Resolution:
This Agreement shall be governed by the laws of the State of Washington. The
parties agree to make good -faith efforts to resolve disputes informally. If
unresolved, disputes will be submitted to mediation before litigation. The venue
for any judicial action to enforce or interpret this Agreement shall lie in a court of
competent jurisdiction in Yakima County, Washington.
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City of Yakima, WA
9. Contractor's Liability Insurance:
9.1 At all times during performance under this Agreement, Contractor shall
secure and maintain in effect insurance to protect the Client and
Contractor from and against any and all claims, damages, losses, and
expenses arising out of or resulting from the performance of this
Agreement. Contractor shall provide and maintain insurance in force in
limits no less than that stated below, as applicable. All insurance
coverage shall be primary insurance with respect to those who are
Additional Insureds under this Agreement. Any insurance, self-insurance
or insurance pool coverage maintained by the Client shall be in excess of
the Contractor's insurance and neither the Client nor its insurance
providers shall contribute to any settlements, defense costs, or other
payments made by Contractor's insurance.
9.2 Contractor shall provide a Certificate of Insurance to the Client as
evidence of coverage for each of the policies and outlined herein prior to
Client's execution of the Agreement. Client must also include a copy of
an additional insured endorsement naming the City of Yakima, its elected
and appointed officials, employees, agents, attorneys and volunteers as
additional insureds with the certificate. This Certificate of insurance and
additional insured endorsement shall be provided to the Client prior to
commencement of work. A certificate of insurance that does not include
an additional insured endorsement shall not be acceptable. The certificate
of insurance shall include a clause that the insurer will not cancel or
change the insurance without first giving the Client prior written notice.
9.3 Failure of Client to demand such verification of coverage with these
insurance requirements or failure of Client to identify a deficiency from the
insurance documentation provided shall not be construed as a waiver of
Contractor's obligation to maintain such insurance. If Contractor carries
higher coverage limits than those outlined below, such limits shall be
shown on the Certificate of Insurance and Endorsements. The certificate
shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said
policy shall be in effect for the duration of this Agreement. The insurance
shall be with an insurance company or companies rated A-VII or higher in
Best's Guide and admitted in the State of Washington. The requirements
contained herein, as well as Client's review or acceptance of insurance
maintained by Contractor is not intended to and shall not in any manner
limit or qualify the liabilities or obligations assumed by Contractor under
this contract.
9.4 The following insurance is required:
9.4.1 Commercial Liability Insurance
Minimum liability limit of $2,000,000 per occurrence, combined single limit
bodily injury and property damage, and $2,000,000 general aggregate.
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City of Yakima, WA
9.4.2 Automobile Liability Insurance
Minimum liability limit of $2,000,000 per occurrence. The commercial auto
liability shall include Hired and Non -Owned coverage.
9.4.3 Employer's Liability (Stop Gap)
Minimum limit of no less than $1,000,000. Contractor is responsible for
ensuring subcontractor(s) have insurance as needed. Failure of
subcontractors(s) to comply with insurance requirements does not limit
Contractor's liability or responsibility.
9.4.4 Professional Liability
Minimum liability limit of $2,000,000 per claim, $2,000,000.00 aggregate.
If the policy is written on a claims made basis the coverage will continue
in force for an additional two years after the completion of this contract. If
insurance is on a claims made form, its retroactive date, and that of all
subsequent renewals, shall be no later than the effective date of this
Agreement.
9.5 If at any time during the life of the Agreement, or any extension,
Contractor fails to maintain the required insurance in full force and effect,
all work under the contract shall be discontinued immediately. Any failure
to maintain the required insurance may be sufficient cause for the City to
terminate the Agreement.
10. Assignment:
This Contract, or any interest herein, or claim hereunder, shall not be assigned
or transferred in whole or in part by Contractor to any other person or entity.
11. 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, with the express written
consent of the parties hereto.
End of Page 5
Specialized Services Agreement - 2025 Page 5 of 7 PST Investigations
City of Yakima, WA
This Agreement is dated this day of
CITY OF YA1(MA, 'ki"1tA
By:
Print:
Its:
Point of Contact:
Title:
Address: ll£1
CITY CONTRACT No: ,-° h_
RESOLUTION NO: tsi '„5
City/State/Zip:
Telephone:
PST INVESTIGATIONS
PUBLIC SAFETY TESTING, INC.
By: . ` °' August 15, 2025
Print: Jon F. Walters, Jr.
Its: President
Greg Wilson
Director of Investigation
20818 44th Ave W, STE 160
Lynnwood, WA 98036
425.741.8872 / 425.7876.9615
Invoicirpg Preference (select one):
US Postal Service Mail
Electronic via email @
Subscriber's Contact for Billing
(Please complete ifclifferent from the contact infor, 2atio above)
Address:
Contact:
Title: City/State/Zip:
Agency: Telephone:
Email:
Specialized Services Agreement - 2025 Page 6 of 7
City of Yakima, WA
PST lnvestlgations
EXHIBIT A
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, including,
• Summary of interviews;
• Summary of facts and other relevant information;
• Provide an opinion on what occurred and whether the actions and behavior
were outside policy.
5. The Contractor will not 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 Investigators or licensed attomeys.
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City of Yakima, WA