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HomeMy WebLinkAbout18-0821 Alan Friedman SERVICE AGREEMENT THIS AGREEMENT is hereby made and entered into this AI day of A' ri.f' ,2018, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City") and Alan F. Friedman, Ph.D., Inc., an Illinois corporation, (hereinafter referred to as "Provider"). NOW THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. Scope of Services City shall purchase and Provider shall furnish the following services: (I) Post- Offer/Pre-Employment Screening; (2) Fitness for Duty Evaluation; and (3) Critical Incident Debriefing (as described in Attachment A) attached hereto and made a part hereof. 2. Venue This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. Both parties waive any rights to a jury. 3. Jurisdiction Provider hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof; and Provider agrees that service by first class U.S. mail to Alan F. Friedman, Ph.D., 30 N. Michigan Avenue, Suite 206, Chicago,Illinois 60602 shall constitute effective service. 4. Entire Agreement: Modification of Amendment This agreement and its attachment constitute the entire agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. To the extent there is any conflict between the provisions of this agreement and the provisions of any attachment(s) hereto, the provisions of this agreement shall control. No representations or warranties shall be binding upon either party unless expressed in writing herein or in a duly executed amendment hereof, or unless a change order as herein executed as required by law. 5. Execution This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever 1 waive such defense. 6. Payments In consideration of the services described herein, the City shall pay Provider, within 30 days of receipt of an approved invoice, at the following rates: a. Post-Offer/Pre-Employment Screening - $625 per applicant, utilizing the Matrix Psychological Uniform Law Enforcement Selection Evaluation (M-Pulse © /M- Flame ©) methodology as described in Attachment A. b. Fitness for Duty Evaluation (on an as-needed basis) - $750 per diagnostic interview; psychological testing, $1,875; report construction, file reviews, and consultations, $375/hour. c. Critical Incident Debriefing or Other Professional Consultation -$475/hour(on an as-needed basis). 7. Termination The City or the Provider may terminate this Contract by providing the other party 30 days written notice without penalty. This agreement shall terminate on September 1,2021. 8. Ownership All records, reports, documents and other material delivered or transmitted to Provider by the City shall remain the property of the City, and shall be returned by Provider to the City, at Provider's expense, at termination or expiration of this agreement. All records, reports, documents or other material related to this Contract and/or obtained or prepared by Provider in connection with the performance of the services contracted for herein shall become the property of the City, and shall, upon request, be returned by Provider to the City, at Provider's expense, at termination or expiration of this agreement. 9. Taxes Provider hereby agrees that he is solely responsible for payment of any applicable taxes/fees due from the funds received under this agreement. 10. Assignment The Provider shall not assign any interest in this agreement and shall not transfer any interest in same without prior written consent of the City, provided however, that claims for money due or to become due to the Provider from the City may be assigned to a bank, trust company, or other financial institution without such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to the City. 11. Discrimination Clause The Provider agrees to abide by the requirements of the following as applicable: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1972, and Provider agrees to abide by the requirements of the American with Disabilities Act of 1990. 2 f Provider agrees not to discriminate in its employment practices, and will render services under this agreement without regard to race, color, religion, gender, sexual orientation, national origin, veteran status,political affiliation, or disabilities. Any act of discrimination committed by provider, or failure to comply with these statutory obligations when applicable shall be grounds for termination of this agreement. 12. Audit The Provider shall permit the City to periodically inspect and audit all data and records of the Provider relating to Provider's performance under this agreement. 13. Research The City shall, as requested, at intervals of 9 months, 18 months, 36 months, and 60 months, complete a confidential research survey form on previously tested law enforcement officers, dispatch/telecommunicators, and/or firefighters/paramedics and return same to Provider for research purposes. Provider will send this brief confidential survey form to the City at the aforementioned intervals and requests that such forms be returned within 2 weeks, 14. Severability The terms of this agreement shall be severable. In the event any of the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 15. Interest Provider hereby waives any and all claims to interest on money claimed to be due pursuant to this agreement, and any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act, as amended (50 ILCS 505/1, et seq.), or the Illinois Interest Act, as amended (815 ILCS 205/1, et seq.). AL•N - .FRIED ,PH;�.,INC. CITY • - ELGIN 1 . / ' • an riedman 'i and . ' . • , City wager Ad" A/ ‘4 4 City Clerk 3 Attachment A SCOPE OF SERVICES Provider shall furnish the following services utilizing the MATRIX-Psychological Uniform Law Enforcement Selection Evaluation (M-PULSE) and/or MATRIX-Firefighter Liability and Management Evaluation Inventory(M-FLAME): 1. Post-Offer/Pre-Employment psychological screening of police and/or firefighter/paramedic and/or dispatch/telecommunicator candidates to determine suitability for employment as a police officer or firefighter/paramedic with the City. Post-offer/Pre-Employment screening shall result in: (a) suitable for employment as a police officer and/or firefighter/paramedic and/or dispatch/telecommunicator; (b) not suitable for employment as a police officer and/or firefighter/paramedic and/or dispatch/telecommunicator; or (c) suitable for employment as a police officer and/or firefighter/paramedic and/or dispatch/telecommunicator with training recommendations. 2. Critical Incident Debriefing, or other professional consultations(on an as-needed basis). Fitness for Duty Evaluations shall result in findings of candidates being: (a) currently fit for duty or; (b) currently unfit for duty, requiring treatment and/or intervention prior to establishing fitness or; (c)unfit for duty or; (d) inability to determine fitness due to lack of cooperation by the examinee. All reports shall be forwarded to the City within five (5) business days of the date of examination. 4 „, OF e4c ,, 3- City of Elgin Memorandum VIA E-MAIL Date: August 15, 2018 To: Tim Bennet, Human Resources Specialist From: Michael R. Gehrman, Assistant Corporation Counsel Subject: Service Agreement with Alan F. Friedman, Ph.D., Inc. Attached pursuant to your request please find an agreement which I have renegotiated,redrafted, and had signed by Alan R. Friedman. You should be sure to review the terms of the agreement particularly as to price to confirm that it conforms to your wishes and understanding. Once signed, you should return the signed agreement to Alan Friedman at draf48@aol.com, and provide a copy to Kim Dewis for her records. q?1C1-- MRG MRG/vlm Attachment cc: Christopher J. Beck (via e-mail w/attachment) Gail Cohen (via e-mail w/attachment) Approved: W rrv�r d g ,o�,,r'c V 6. ..11 A b { U Wt4N {' William A. Cogley Z 0 ti a Gid,k r-' .-it. 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