HomeMy WebLinkAboutDiversified Investigations, LLC 9/1/2011 Agreement for Services
This agreement, dated this 1st day of September ,20 11
by and between, City of Oshkosh hereinafter referred
to as "Client" and DIVERSIFIED investigations, Ilc, hereinafter referred to as "D.I.,"
hereby agree as follows:
1. D.I. desires to provide investigative services to assist Client. Client desires an
investigative service to be provided.
2. In consideration of the mutual promises, covenants and conditions herein and the fees to
be paid for the services rendered, the parties agree to the terms and the conditions of this
Agreement for Services.
3. D.I. will provide the services described in Exhibit"A" attached hereto, hereinafter referred
to as "services". (Services can also be ordered using the D.I. Case Management System
which will detail out the services requested).
4. Services will start on the date set forth below, and will continue until the Agreement is
terminated. The start date of service will be:
Upon receipt of this signed Agreement for Services
5. D.I. will only be responsible to investigate on behalf of Client only that which Client has
previously authorized.
6. If Client wishes to add any other investigation services, to be completed by D.I. during the
terms of this Agreement for Services, Client agrees to notify D.I. in writing of such
requests either by email,or through the Case Management System.
7. Client agrees to pay an hourly fee pursuant to the current fee schedule, which can be found
at the following, website: www.diinv.com. D.I. may amend the current fee schedule from
time to time upon providing Client with a minimum 15 day written notice.
At which time the new fee schedule shall be effective.
8. Client does not have an obligation to use services provided by D. I.
9. Any written notice to either party required or permitted under this agreement or applicable
law shall be deemed to be duly given on the date of service if served personally on the
party who notice is to be given, or on the fifth day after mailing if mailed to the party to
whom notice is to be given by first class mail, certified, postage pre-paid, and addressed
to the addressee at the address stated under his or her name below, or at the most
recent address specified by written notice, given to sender by addressee under this
provision.
10.Client understands that DI has not and cannot guarantee the results of any investigation.
Client further understands that the fees charged by D.I. are for the time and costs
associated with the investigation, and not the "results."
Rev.August 30,2011 1 of 2
11.Client understands that there are additional fees associated with any court testimony that
may be needed if an investigator is under subpoena by the Client and related to the
investigation. D.I. will charge only those fees agreed to by contract, or according to a fee
schedule in effect at the time of testimony if no written agreement exists. However, Client
will not be responsible for additional fees to D.I. in those circumstances related to D.I.'s
alleged negligence, willful, or malicious conduct, or violation of law.
12.This agreement is governed by the laws of the County of Winnebago, State of Wisconsin.
13.This agreement shall be binding on and inure to the benefit to the respective successors,
assigns and personal representatives of the parties, except to the extent of any contrary
provisions in this agreement.
14.If any term, provision, covenant, or condition of this agreement is held by a Court of
competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement
shall remain in full force and effect and shall in no way be effected, impaired or
invalidated.
15.This instrument contains the entire agreement of the parties relating to the rights granted
and obligations assumed in this instrument. Any oral representations or modifications
concerning this instrument shall be of no force or effect unless contained in a subsequent
written modification signed by all parties.
16.Client agrees that if there is a dispute involving any invoice and/or payment of invoice
Client's will contact D.l immediately to discuss the dispute. Client will provide copies of
disputed items as needed to assist in resolving the dispute.
IN WI ESS WHEREOF, t - parties have extended this agreement as of the date first shown
abov .
City of Oshkosh
, John Fitzpatrick, Ast City Manager/Director of Admin Services
anc Lame s, own /m. mber Client name
DIVERSIFIED investigations, Ilc
P.O. Box 0562 215 Church Avenue —4th Floor
Appleton, WI 54912-0562 Address
920.886.8160 Oshkosh, WI 54901
City : tate
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Clie Signature
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Rev.August 30,2011