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AGREEMENT
THIS AGREEMENT, made on the 1st day of May, 2017, by and between the CITY of
OSHKOSH, hereinafter referred to as CITY, and Psychologie Clinique, S.C.,.
103 W College Avenue, Suite 1125 Appleton, WI 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 on an as needed basis for the CITY.
ARTICLE 1. CONSULTANT'S REPRESENTATIVE 1`
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 shall oversee the
provision of all reports or other documents required or requested under this Agreement.
ARTICLE II, CITY REPRESENTATIVE
The CITY shall assign the following individual to manage this Agreement:
Ms. Pam Resch, HR Manager
ARTICLE III 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
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)
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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 Employment
Test Results/Emotional Stability and Suitability of Empto y
Summary and Recommendations
The CONSULTANT may provide additional products and/or services if such products/services
ing by the Authorized Representative of the CITY.
are requested in writ
ARTICLE IV. STANDARD OF CARE
The standard of care applicable to CONSULTANT's Servicesow�consultanbe the ts gperform nree of 'g
and diligence normally employed by professional CONSULTANTS
the same or similar Services at the time said services are performed.
CITY RESPONSIBILITIES
ARTICLE V. al offer of employment psychological
The CITY shall schedule post-condition
assessments by phone with Valerie De Lain, PhD.
ARTICLE VI. PAYMENT
The CITY shall pay to the CONSULTANT four hundred nge or the ty Iterm ve oolf this ars �Agree0ment
candidate report. The amount of 'hifeee�so 11 noly statements chafor services. The CITY shall
he CONSULTANT shall submit itemized such
lendar days after receipt of
pay
the CONSULTANT within 30 cantof such any
fsha
statement amount is disputed, the
statement to the elasoy may ol(s) for withholding payment,
provide to CONSULTANT a
Additional Costs. Costs for additional services shall bebn negotiated
and Add do foal costs
written amendment or addendum to this Agreement signed by p
shall be billed and paid in the same manner as provided above.
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ARTICLE VII TY CONSULTANT TO HOLD CIHARMLESS
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
CONSULTANT, its agents or assigns, or employees, related however remotely to the
on
performance of this Agreement or be caused w or
r°r result efund t f the CITY all rom any viosums pclud ngf any acourt
administrative regulation, and shall indemnify o
d or adjugd t
costs, attorney fees, and punitive damages which the CITY may be o�gthe CITY'sdweeo
pay on any such claims or demands within thirty (30) days of the date
demand for indemnification or refund for those actions, claim, and demands caused by or
resulting from intentional or negligent acts as specified in this paragraph.
ARTICLE VIII. INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance
Requirements for Professional Services.
ARTICLE IX. TERM
This Agreement shall commence upon the date indicated in the first paragraph
herein and shall terminate on May 1, 2018 unless terminated earlier by one of the
parties as provided in Article X.
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 calendar days befoae the teny time bmigation
iving
written notice to the CONSULTANT no later than 3
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.
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ARTICLE XI, AMEN DMENTS/ADDENDU—MS
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
parties 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.
In the Presence of: CONSULTANT
PSYCHOLOGLE CLINIQU , C.
la"u By:
De Lain, Managing Member
(Seal of Consult&t S 0 7"A
if a Corporation
USLIC
CITY OF OSHKOSH
eo
VV S
By:
1 ness) µ Mark A. Rohloff, City manager
And: 0
erk
Pamela R. Ubrig, City i
er
i ness)
APPROVED: I hereby certify that the necessary provisions
lk -
have been made to pay the liability which
which will accrue under this Agreement.
_A1_"" ity AAtt n
--------------------
City
------------------City Comptroller
sill
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