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Home My WebLink AboutPsychologie Clinique S.C. (2) AGREEMENT THIS AGREEMENT, made on the I§t day of May, 2018, by and between the CITY of OSHKOSH, hereinafter referred to as CITY, and Psychologie Clinique, S.C.,. 103 W College Avenue, Suite 1125 Appleton, W1 54911 hereinafter referred to as the CONSULTANT. WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following Agreement for CONSULTANT to provide post-conditional offer of employment psychological assessments and fit for duty evaluations on an as needed basis for the CITY. ARTICLE I. CONSULTANT'S REPRESENTATIVE A. The contact person designated for the CONSULTANT for purposes of this Agreement shall be: Valerie De-Lain, PhD B. Dr. DeLain shall personally perform all assessments and evaluations and shall oversee the provision of all reports or other documents required or requested under this Agreement. ARTICLE It. CITY REPRESENTATIVE The CITY shall assign the following individual to manage this Agreement: Ms. Pam Resch, HR Manager ARTICLE 111. SCOPE OF WORK The CONSULTANT shall provide post-conditional offer of employment psychological assessments on an as, needed basis for CITY. The Assessments shall include at least the is following methods: Clinical Interview Minnesota Multiphasic Personality Inventory (MMPI-2) Personality Assessment Inventory (PAI) California Personality Inventory (GPI) Collateral Information provided by the City of Oshkosh (Employment Application, Background Report, and other assessment reports) g. Page 9 of 6 CONSULTANT shall provide a verbal report within 24 hours of assessment followed up by a written report within one week of assessment. The signed written report should contain at least the following: Method of Assessment Relevant Background Information Behavioral Observations and Evaluation Procedures Test Results/Emotional Stability and Suitability of Employment Summary and Recommendations The CONSULTANT shall provide fit for duty evaluations on an as needed basis for CITY. The Evaluations shall include at least the following methods: Clinical Interview Minnesota Multiphasic Personality Inventory-2 (MMPI-2) Personality Assessment Inventory (PAI) California Personality Inventory (CPI) Collateral Information provided by the City of Oshkosh (Employment Application, Background Report, and other assessment reports) Review of Pertinent Records CONSULTANT shall provide a verbal report within 24 hours of assessment followed up by a written report within one week of assessment. The signed written report should contain at least the following: Method of Assessment Relevant Background Information Behavioral Observations and Evaluation Procedures Test Results/Emotional Stability and Suitability of Employment Summary and Recommendations The CONSULTANT may provide additional products and/or services If such prod ucts/services are requested In writing by.the Authorized Representative of the CITY, ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's Services will be the degree of skill end diligence normally employed by professional CONSULTANTS or consultants performing the same or similar Services at the time said services are performed. Page 2 of 5 i e 5 a ARTICLE V. CITY RESPONSIBILITIES I i The CITY shall schedule post-conditional offer of employment psychological assessments and fit for duty evaluations by phone with Valerie ae Lain, Phl). i i ARTICLE VI. PAYMENT The CITY shall pay to the CONSULTANT fourtiondred ninety five dollars ($495.00),11, ° per candidate report for post-conditional offer of employment;,,,psychological assessments, i and five'hundred ninety five ($595.00) per candidate report for fit for duty evaluations,, The amount of these fees shall not change for the term of this Agreement. The CONSULTANT � shall submit itemized monthly statements for services. The CITY shall pay the � CONSULTANT within 30 calendar days after receipt of such statement. If any statement amount Is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s)for withholding payment. Additional Casts. Costs for additional services shall be negotiated and set forth in a � written amendment or addendum to this Agreement signed by both parties. Additional costs shall be billed and paid in the same mariner as provided above, i rt ARTICLE VII. CQNS ULTANT TO HOLD CITY HARMLESS � The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh, its officials and employees harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the w. CONSULTANT, its agents or assigns, or employees, related however remotely to the x performance of this Agreement or be caused or result from any violation of any law or � administrative regulation, and shall indernnify or refund to the CITY all sums including court s costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay can any such claims or demands within thirty (30) days of the date of the CITY's written { demand for indemnification or refund for thane actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. ARTICLE Vlli. INSURANCE t r The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance s Requirements for Professional,Services. f 3 t f ARTICLE IX. TERM This Agreement shall commence upon the date Indicated in the first paragraph herein and shall terminate on May 1, 2020 unless terminated earlier by one of the parties as provided in Article X. { Page 3 of 6 r i; ARTICLE X. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the CITY shall have the right to terminate this Agreement by written notice to the CONSULTANT, In this event, the CONSULTANT shall be entitled to compensation for any satisfactory work completed, B. For Convenience, The CITY may terminate this Agreement at any time by giving written notice to the CONSULTANT no later than 30 calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. ARTICLE XI. AMENDMENTS/ADDENDUMS This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parries and incorporated as an amendment or addendum to this Agreement. ARTICLE XII. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries, Page 4 of 5 x``ty::yid r S: Oshkosh JUNE 7,2018 Dr,Valerie De Lain Psycho.l4e Clinique S.C. 103 W College Ave,Suite 1125 Appleton,WT 54911 Dear Dr.!fie Lain, We would like to amend Article VI of our contract dated 5/1/18 so that the City W-11 be invoiced after each evaluation instead of monthly.I£you agree,sign at the bottom of this letter and return:it to our office after keeping a copy for your records. Sincerely, John Fitzpafxick State of Wisc si County of < ssistant City Manager/DixcCtar of administrative Services Adaaum�snt was signedefo a me on Date by��x.e� ar titn J Nota FUNIO/Court(Jfficial "— M�►commission expires: ' 2 f l 1,` .�r��,�u�xrrrrrrry rr Signature Date , p r `C' Allis is 110 City Hall,215 Church Avenue R0, Box 1130 Oshl(osh,WI 54903-1 1 30 In the Presence of: CONSULTANT PSYCH0.r Ci.INI. C. .......... 'Valerie De Lain, Managing erfil�et A (Seal of Oonsultant-f if a Corporation.) 01-9%J*C1TY OF OSHKOSH QW-N1 ox $�dissp lot" itnesss) By4 Ma k A. Rohlaff, City Manager rr And:' Pamela R..Mdg, City- erk APPROVED: I hereby certify that the necessary proAsions have.been:made to pay fie liability which which will apzxuo under thir,.Agreement. Hy Atto ey,/rn City Comptroller page 5 of