HomeMy WebLinkAboutRes 03-08 WA Choice Point Contract - background checks WESTLAKE ACADEMY
RESOLUTION NO. 03-08
A RESOLUTION OF THE BOARD OF DIRECTORS OF WESTLAKE
ACADEMY AUTHORIZING THE CEO OF THE SCHOOL TO ENTER INTO A
CONTRACT WITH CHOICE POINT SERVICES, INC. TO CONDUCT THE
NATIONAL BACKGROUND CHECKS ON PROSPECTIVE TEACHERS.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE WESTLAKE
ACADEMY:
SECTION 1: That the Board of Directors of Westlake Academy does hereby
authorize the CEO to enter into a contract with Choice Point Services, Inc. on behalf of
the Academy to conduct national background checks on prospective teachers as attached
at Exhibit A.
SECTION 2: That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THIS 23`d DAY OF JUNE 2003.
ATTEST: Scott Bradley, Chairman
tinge rosswy, Secretar3O Trent O. Petty, Chief Executive Officer
APPROVED AS TO FORM:
t orney
AGREEMENT FOR.SERVICE
This Agreement is entered into by and between ChoicePoint Services Inc,, its
subsidiaries and affiliated companies ("ChoicePoint") and Customer. Affiliate
shall mean any business entity that controls, is controlled by or is under
common control with a party.
WHEREAS, Customer plans to order Consumer Deports and Investigative Consumer
Reports, as defined in the federal Fair Credit Reporting Act (the "FCRA"),
from ChoicePoint; and
WHEREAS, ChoicePoint desires to sell such employment reports to Customer.
NOW, THEREFORE, in consideration of the mutual covenants set forth in this
Agreement, ChoicePoint and Customer hereby agree as follows:
1. In providing employment reports, ChoicePoint agrees to do the following:
(a) Comply with all laws applicable to the making of reports for employment
purposes including the FCRA.
(b) Follow reasonable procedures to assure maximum possible accuracy of the
information reported, subject to Paragraph 2(d)below, and reinvestigate
if requested by the Customer without further charge if the information
was incorrect.
(c) Disclose, upon request from the consumer who is the subject of the
report(the "Consumer"), the information reported, reinvestigate any
information disputed by the Consumer at no charge to the Customer and
take any necessary corrective action with the Consumer and the Customer.
(d) Defend and indemnify Customer from and against liability, losses, costs,
expenses and damages for claims or litigation brought by third parties,
caused by, or arising, from any violation of law or the negligent acts
or omissions of ChoicePoint,its officers, agents or employees during
the course of providing services hereunder to Customer under this
Agreement; provided that, Customer notify ChoicePoint promptly of
any claims or suits. ChoicePoint shall have the right to select
the counsel and direct the defense with respect to such claims,
and Customer shall cooperate with ChoicePoint in any such defense.
Notwithstanding the above, ChoicePoint's indemnification obligations
under this Agreement shall be limited in the aggregate to One Hundred
Thousand Dollars ($100,000.00) during the term of this Agreement.
2. Customer agrees to do the following:
(a) Keep all reports, whether oral or written, strictly confidential and,
except as required by law, reveal information from reports only to the
Consumer or a person whose duty requires him or her to participate in
the decision for the transaction for which the report was ordered.
(b) Request information for its use only unless Customer has obtained
written permission from ChoicePoint to request the information for use
by other persons. If the Consumer, or his or her representative,
requests report information, that person may be referred to ChoicePoint
for disclosure under the FCRA or other applicable laws.
(c) Hold ChoicePoint and its affiliated companies, and the officers, agents,
employees, and independent contractors of ChoicePoint and its affiliates
harmless on account of any expense or damage resulting from the
procurement,use or publication by Customer, or the employees or agents
of the Customer, of report information contrary to the terms of this
Agreement or contrary to state/federal law or regulation..
(d) Recognizing that information in reports is secured from and processed
by fallible sources (human and otherwise) and that for the fee charged
ChoicePoint cannot be either an insurer or a guarantor of the accuracy
of the information reported; Customer releases ChoicePoint and its
Affiliates and the officers, agents, employees, and independent
contractors of ChoicePoint and its Affiliates from liability for any
negligence of third party furnishers of information in connection with
erroneous information provided by such third parties.
(e) Without limiting the foregoing, Customer shall comply with the Vermont
Fair Credit Reporting Act, 9 V.S.A. § 2480e, by securing the written
consent of the Consumer prior to ordering a consumer report on a
Vermont resident.
(f) If Customer purchases motor vehicle records ("MVRs") from ChoicePoint,
Customer agrees to the following:
(i) Customer shall not use any ChoicePoint provided MVR, or portions of
information contained therein to create or update a file to the end
that Customer develops its own source of driving history information.
(ii)As requested by ChoicePoint, Customer shall complete any state forms
that ChoicePoint is legally or contractually bound to obtain from
Customer before serving Customer with state MVRs.
(iii) With regard to ChoicePoint provided MVRs originating from the states
of Washington, Wyoming and West Virginia,Customer shall not disseminate
or publish personal information contained in such MVRs via the Internet.
(iv) If Customer orders an MVR from the state of Alaska for any purpose,
Customer shall obtain the written authorization of the Consumer before
ordering such MVR.
(v) If Customer orders any driver records originating from the State of
South Carolina, Customer acknowledges that the person identified in
the driver records received from South Carolina are third party
beneficiaries to ChoicePoizit's Information Release Agreement with the
South Carolina Department of Public Safety, Division of Motor Vehicles.
(vi) Prior to requesting any MVR from the State of Washington, Customer
agrees (i) to obtain from the Consumer a written statement authorizing
the release of the MVR and (ii) execute an attestation that the information
in the MVR is necessary to determine whether the individual should be
employed to operate a school bus or commercial vehicle upon public highways.
ChoicePoint will provide a copy of the required release and attestation
to the Customer. Customer agrees to retain each release and attestation
for a period of not less than two (2) years.
(g) With respect to personal information regarding individual consumers and
businesses, the Parties further agree as follows: ChoicePoint has adopted
the "ChoicePoint's Commitment to Privacy" ("Commitment to Privacy") and
that neither Customer nor ChoicePoint will commit or permit its directors,
officers, employees or agents to commit any action which causes Customer or
ChoicePoint to be in violation of the Commitment to Privacy. A copy of the
Commitment to Privacy is attached hereto.
3. Customer certifies that:.
(a) Consumer Reports, as defined in the FCRA,will be ordered only for employment
purposes, which term includes initial employment, promotion,reassignment or
retention as an employee, for security clearance purposes, or otherwise in
connection with a legitimate business transaction involving the Consumer.
Each request for a report will fin-ther indicate the specific purpose involved
in each transaction and such reports will be used for no other purposes.
(b) With regard to such Consumer Reports for employment purposes:
(i) Before requesting each employment report from ChoicePoint:
1. A clear and conspicuous disclosure will be made in writing to the
Consumer in a document that consists solely of the disclosure, that a
Consumer Report may be procured for the employment decision, and,
2. The Consumer must have authorized in writing the procurement of the
Consumer Report by the Customer.
(ii) Information from the Consumer Report will not be used in violation of any
applicable federal or state equal employment opportunity law or regulation.
(iii)Before taking any adverse action based in whole or in part on the Consumer
Report,the person intending to take such adverse action shall provide to
the Consumer:
1 A copy of the report; and,
2. a description in writing of the rights of conswiiers under the FORA, as
prescribed by the Federal Trade Commission under 15 U.S.C. §168 1(g)(c)(3)
(c) With regard to Investigative Consumer Reports, as defined in
15 U.S.C. §1681(a)(e), Customer certifies that:
(1) The Customer will clearly and accurately disclose to the Consumer that an
Investigative Consumer Report including information as to his character,
general reputation, personal characteristics, and mode of living,
whichever are applicable,may be made, and such disclosure:
1. will be made in writing mailed, or otherwise delivered, to the Consumer
not later than three days after the date on which the report was first
requested, and,
2. will include a statement informing the Consumer of his right to request
the additional disclosures as set forth in (ii) below and a
written summary of consumers' rights provided for under
15 U.S.C.§1681(g)(c); and,
(ii) The Customer will, upon written request made by the Consumer within a
reasonable period of time after the receipt by him of the disclosure
required in C (i) above,make a complete and accurate disclosure of the
nature and scope of the investigation requested. The disclosure will
be made in a writing mailed, or otherwise delivered,to the Consumer not
later than five days after the date on which the request for such
disclosure was received from the Consumer or such report was first
requested, whichever is the later; and
(iii) Comply with b (iii) above if applicable.
(d) With respect to Consumers that are California residents, Customer certifies
that prior to ordering an Investigative Consumer Report, as defined in the
California Investigative Consumer Reporting Agencies Act, as amended, Cal. Civ.
Code §1786 et. seq. (the "Code"), Customer will:
(i)Notify the Consumer in writing that an Investigative Consumer Report
regarding the Consumer's character, general reputation, personal
characteristics, and mode of living will be made. Such notification shall
include the name and address of the investigative consumer reporting
agency conducting the investigation, the nature and scope of the investigation
requested, and a summary of the provisions of§1786,22 of the Code.
4. Miscellaneous
(a) This Agreement shall be effective as of the date it is executed on behalf of
Customer by an authorized representative of Customer. Either party upon
ninety(90) days prior written notice to the other panty may terminate
this Agreement.
(b) Each party(and its employees) is and shall remain an independent contractor.
Neither party is authorized to assume or create an obligation or responsibility,
express or implied, on behalf of, or in the name of, the other party or to bind
the other party in any manner.
(c) ChoicePoint shall have the right to conduct periodic audits of Customer's use
of the Consumer Reports and Investigative Consumer Reports ordered pursuant to
this Agreement. ChoicePoint will provide reasonable notice prior to conducting
any audit. Any violations discovered as a result of such audit may be cause for
immediate action by ChoicePoint, including, but not limited to, immediate
termination of this Agreement.
(d) The obligation of either party to perform under this Agreement shall be excused
during each period of delay caused by matters beyond such party's reasonable
control, including without limitation, government regulation or law,war or
insurrection, civil commotion, destruction of production facilities or material
by earthquake, hr-e, flood, storm or other natural disaster, labor disturbances,
epidemic or failure of suppliers,public utilities or common carriers.
(e) This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns, provided, however, that
neither party shall assign or otherwise transfer this Agreement or any interest
herein without the prior written consent of the other party, which consent
shall not be unreasonably withheld.
(f) The parties understand and agree that this Agreement applies to all reports
made by ChoicePoint Services Inc., its subsidiaries and affiliated companies
to Customer, No changes in these conditions may be made except by mutual
consent in writing by an authorized representative of Customer and ChoicePoint.
CHOICEPOINT'S COMMITMENT TO PRIVACY
ChoicePoint has been a trusted steward of information for years and has made the
responsible use of information the platform for everything that we do. To demonstrate
our commitment to balancing consumers'privacy expectations with the appropriate, legal
needs for quality information of our customers, ChoicePoint has adopted the strongest
privacy principles in the information industry. These principles,based on the Fair
Information Practices, are the cornerstone of our information products. As part of
our belief that good privacy is good business, we require our customers to maintain
the high standards of protection surrounding the inforinatioz� we pro vide by complSm-IR
With the f0llow117g principles.
Relevance: Personal information should be collected, maintained, used, and
disseminated only to improve public safety, to reduce fraud, to improve risk
management, to improve the quality of our customer services and products, or to
help drive down the cost of providing services and products.
Reputable Sources: Personal information should only be obtained from sources
known to be reputable.
Notice: Consumers should be informed of the types of information about them that is
obtained, how and when that information is used,when it might be disclosed, and how
that information is secured.
Internal Uses: Access to personal information should be strictly limited to those
employees who need access in order to carry out their job responsibilities.
Accuracy: Personal information should be as accurate as practicable.
Consumer Access: Consumers should be provided,upon request, with virtually all
personal information maintained about that consumer.
Security: The confidentiality and security of personal information should be protected
using administrative, technical,personnel, and physical safeguards.
* The principles above are an abbreviated subset of the larger ChoicePoint
privacy principles. Our full privacy principles are available upon request
at privacy @choicepoint.net or(877) 301-7097.