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HomeMy WebLinkAboutContract 25791 - CONITY cRETARy ,7q TRACT No. NO , MEDICAL SERVICES AGREEMENT A'P izt L THIS AGREEMENT made this 1_1ay of 'ebwapy, 2000, between the City of Fort Worth, hereinafter referred to as "City", acting herein by and through Libby Watson, its duly authorized Assistant City Manager, and Swen Helge, Ph.D., hereinafter referred to as "Psychologist". Recitals City is a home-rule municipality located in Tarrant and Denton Counties, Texas, employing police officers and reserve police officers. City desires to engage the services of an outside psychologist, as an independent Psychologist and not as an employee, to give preemployment psychological evaluations to applicants desiring to become a police officer or a reserve police officer as required by Texas Commission on Law Enforcement Officer Standards and Education. Psychologist affirms that he is licensed to practice in the State of Texas and desires to render professional services for City on the terms and conditions provided in this agreement; has knowledge of a police officer's job; has specialized knowledge in the use of psychodiagnostic and personality tests for employment selection decisions; has a working knowledge of laws surrounding the screening process; and has a comprehensive understanding of tests relevant to employment selection. THEREFORE, by this agreement and based upon Psychologist's affirmations, City retains the services of Psychologist, and in consideration of the mutual promises contained in this contract, the parties agree as follows: 1, SERVICES AND RESPONSIBILITIES OF PSYCHOLOGIST A. Psychologist shall administer pre-employment psychological examinations to applicants for police officer and reserve pollce officers, hereinafter referred to as "applicants", as may be required from time to time. a. If an applicant passes the psychological examination, Psychologist shall prepare, complete and submit to the City Farm L-3 Declaration of Psychological and Emotional Health. R— JI^ m TT' Il ri 11IIdd N C. if an applicant fails to pass the psychological examination, Psychologist shall advise City in writing, and shall advise City of those areas that the applicant failed to pass. Prior to a recom- mendation to disqualify an applicant, Psychologist shall conduct a clinical interview. D. Psychologist shall be solely responsible for determining what psychological tests should be given an applicant. At a minimum, two psychological tests shall be given. One test shall be nonmed in such a manner to identify patterns of abnormal behavior; the other shall be oriented toward assessing relevant dimensions of normal behavior. E. Psychologist shall interview all applicants and perform a clinical interview prior to disqualifying an applicant and/or when the test data are inconclusive. F. Psychologist shall maintain at his place of business complete and accurate records of all examinations of applicants to support his testimony as required under "I" below. G. Conduct the psychological testing required herein within five working days of City's notification of referral. H. Psychologist shall be responsible for notifying applicants regarding the administration of the psychological screening process. Further, psychologist shall be responsible for rescheduling any missed appointments. 1. Psychologist shall provide expert testimony regarding the validity of the psychological screening process and the tests conducted. Testimony in cases involving an applicant's attempt to overturn a disqualification is included in the compensation stated below. Compensation shall be negotiated between the parties for other expert testimony. J. All services required hereunder shall be performed at Psychologist's offices, which must be located within the corporate limits of the City of Fort Worth during the term hereof including any renewal. K. Psychologist shall prepare and submit to the City a written psychological report within six calendar days of the psychological examination which shall include at a minimum the following: MEDICAL SERVICES AGREEMENT Page 2 of 5 .4"7 r 1, Psychologist shall provide City a written assessment of each applicant, which shall include a clear and definitive recommendation to hire or not to hire the applicant. 2. Narrative reports shall be confined to job related factors and should avoid clinical diagnostic labels and/or psychological jargon. 3. A recommendation of disqualification shall be based on an applicant's inability to perform the essential psychological functions of a police officer's duties. L. Psychologist shall only notify the City's Civil Service Director of the assessment results. II. DUTIES AND RESPONSIBILITIES OF CITY A. City shall provide Psychologist a job analysis that documents the essential functions and duties of a police officer and a reserve police officer. B. City shall provide Psychologist a copy on an applicant's life history contained in the Police Department's background investigation. Ill. TERM A. This agreement shall be effective upon the date of its execution and shall terminate on September 30, 2001. B. This agreement shall automatically renew for a period of twelve months; provided, that either party hereto may notify the other party at least sixty (60) days prior to the end of any term of its intent not to renew the agreement. Provided, further, in the event that no funds or insufficient funds are collected, appropriated and budgeted or funds are otherwise unavailable for payment of amounts due hereunder by City to Psychologist, City shall notify Psychologist and this agreement shall terminate on the last day of the fiscal period for which appropriations were made without penalty or expense to City of any kind whatsoever, except as to the payment of amounts due and payable for which appropriations have been made for said fiscal period. C. Either party may terminate this agreement by giving sixty (60) days' written notice to the other party. MEDICAL.SERVICES AGREEMENT Page 3 of 5 7L]_T n 7 La ,y i4i P. � IV. Compensation City agrees to pay Psychologist $200 per applicant screened. The total cost for the initial term of this agreement shall not exceed $14,000. Payment shall be made monthly and shall be based upon the number of applicants processed during the previous month as reflected by notification to the City of assessment results. No payment shall be due for any applicant until completion by Psychologist of all documentation necessary for the City to process payments. V. INSURANCE AND INDEMNIFICATION It is the intention of the parties that Psychologist be an independent contractor and not an employee under this agreement and, in order to protect City from liability, Psychologist shall maintain a policy of malpractice insurance in the minimum amount of $1,000,000 and shall further indemnify, defend and hold City harmless from any and all claims arising from City relying upon the advice and recommendations of Psychologist with the liability to indemnify, defend and hold City harmless limited to the Ilmits of the Psychologist's liability insurance. VI. ASSIGNMENT Neither this agreement nor any duties or obligations under it shall be assigned by Psychologist without the prior written consent of City_ VII, SUCCESSORS AND ASSIGNS Subject to the provision regarding assignment, this agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective parties, VIII. ENTIRE AGREEMENT This agreement, together with the Request for Proposal and Psychologist's response thereto, supersedes any and all other agreements, either oral or in writing, between the parties to this agreement with respect to this subject matter. No other agreement, statement, or promise relating to this subject matter shall be valid or binding unless in writing and signed by both parties, MEDICAL SERVICES AGREEMENT Page 4of6 fir' . L Ix. GOVERNING LAW The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties under it, shall be governed by the laws of the State of Texas. Venue shall lie exclusively in Tarrant County, Texas. A Executed this I / day of F my, 2000, in Fort Worth, Tarrant County, Texas. CITYOFF T WORTH SWEN HELGE, PH.D. PS IST BY n Swen Helga, Ph.D. Assistan ity Manager APPROVED AS TO FORM AND LEGA ITY: Asslstan y Attorney ATTEST: Gloria Pears ity Secreta Contract Authorization gate MEDICAL SERVICES AGREEMENT Page 5 of 5