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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.