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2020-806-E Emergency Svc-Law Enforcement Services Inc. background checks
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2020-806-E Emergency Svc-Law Enforcement Services Inc. background checks
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Page 5 of 11 <br />WCSR 33289183v5 <br /> <br />distribute all or any part of any Report or any Applicant data except in accordance with applicable local, <br />state and federal law and any applicable policies or procedures of Client. <br />8. Client Responsibility <br />8.1 Administration of onlinePHQ® and post-offer Comprehensive Psychological Evaluation. Client <br />will notify LESI of any Applicant(s) for whom Client wishes LESI to conduct a Comprehensive <br />Psychological Evaluation. Any such Applicant(s) shall have been offered employment by Client on such <br />terms as Client may determine in its sole discretion. LESI shall have no involvement in any offer or <br />employment decision by Client. LESI will be responsible for the administration of the post-offer <br />Comprehensive Psychological Evaluation, and all such Comprehensive Psychological Evaluations will be <br />conducted at LESI’s facility. Any test booklets that might be received by Client shall be returned to LESI, <br />and Client shall not copy (in any media or format) any test booklet or any other testing materials. Client <br />acknowledges that it is solely responsible for verifying Applicant identification. Client acknowledges that <br />LESI cannot provide any onlinePHQ® reports unless and until Applicant has completed the onlinePHQ® <br />questionnaire and completed any online or written verifications of information to LESI. Client <br />acknowledges that LESI cannot provide any reports for the Comprehensive Psychological Evaluation until <br />Applicant has completed post-offer testing and face-to-face interview with an LESI-provided <br />psychologist. <br />8.2 Security of Certified Computers & Passwords. Client hereby acknowledges and agrees that it will <br />provide security and control over the Certified Computers and passwords to ensure that (a) no <br />unauthorized access is permitted to the Reports or related data, and (b) that all transfer and storage of the <br />Reports and related data is maintained in a secure environment with access granted only to authorized <br />persons. Client will immediately notify LESI by telephone, with written notice to follow, in the event that <br />any Certified Computer or password is lost, stolen, replaced or damaged (if such damage is reasonably <br />believed to compromise the security of the computer), or if Client has reason to believe that secure access <br />to the onlinePHQ® or any of the Reports or data, or any Certified Computer has been compromised. Upon <br />receiving such notice, LESI will promptly take action to terminate access to the affected Certified <br />Computer. <br />8.3 Client Responsibility for Hiring Decisions. Client acknowledges and agrees that it retains sole and <br />exclusive responsibility and liability for any and all decisions regarding any Applicant, including without <br />limitation, all decisions to evaluate, process, hire or not hire, and retain any Applicant, and all fitness for <br />duty evaluations and aptitude determinations of any Applicant for any position with Client. By providing <br />the Services, data, Reports and other services or information contemplated by this Agreement (including, <br />without limitation, the psychological assessment described on Exhibit A), LESI makes no representation <br />or warranty of any kind regarding, and assumes no liability for, any Applicant’s fitness for duty with <br />Client, aptitude for any employment with Client, past or future performance of any job with Client, or the <br />outcome of any employment decision, act or omission of or by Client. Client acknowledges that LESI’s <br />services hereunder are not designed or intended to be an exclusive or exhaustive set of information on or <br />assessments of any Applicant, and that Client should utilize all available resources in making any <br />determination of any Applicant’s fitness or aptitude for employment with Client, particularly for positions <br />involving public contact and safety, and Client is solely responsible for such determination. <br /> <br /> <br /> <br /> <br />DocuSign Envelope ID: CE11723F-4BB9-4722-9ABC-90069CC20D28
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