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HomeMy WebLinkAboutPsychological Resources, Inc. Agreement - 19 06 2014Psychological Resources, Inc. 501 Pulliam St., SW, Ste, 404, Atlanta, GA 30312 -2750 (404) 892 -3000, (800) 969 -5777; Fax: (404) 573 -1630 THIS AGREEMENT dated this 19th day of June, 2014, between City of Winter Springs (hereinafter Public Safety), and Psychological Resources Support Systems, Inc., whose address is 501 Pulliam St., SW, Ste. 404, Atlanta, Georgia 30312 -2750 (hereinafter PRSS. n WHEREAS Public Safety is desirous of having PRSS provide psychological testing and evaluation services to them; and WHEREAS PRSS iscapableofproviding said services and evaluations; NOW THEREFORE, forgood and valuable consideration, and in consideration of the above premises and the mutual promises herein, the sufficiency of which is acknowledged by both parties to this Agreement, the partiesagree as follows: 1. PRSS agrees to process such psychological test data as maybe submitted by public Safety to the principal place of business of PRSS, or such other place as maybe deemed appropriate by mutual agreement. 2. PRSS shall exercise all due diligence in the prompt handling of data, including but not limited to, the maintenance of normal office hours during which delivery will be accepted, appropriate safeguards to prevent loss of data while in processing, and conformance to mutually agreeable methods of output. 3. PRSS shall maintain appropriate data processing facilities necessary to ensure normal rapid service. However, in the event of conditions beyond the control of PRSS which force the delay of services, PRSS's liability shall be limited to the refunding of fees charged and collected for the particular case documentwhich, due to such delay, has become unsuitable forthe purposes intended by Public Safety. 4. PRSS limits its liability, and Public Safety agrees thereto, in the event of processing errors, to reprocessing thedocument(s) and particularcase(s) in question withoutany additional chargeto Public Safety. 5. Data submitted must be in the format specified by PRSS, upon special answer sheets and control documents furnished by PRSS forthat purpose. Instructions to Public Safety regarding methods of performing this task will be furnished by PRSS at no additional cost. Further, Public Safety agrees to present said instruction to the tested parties in the medium as provided by PRSS. 6. PRSS accepts full responsibility for safeguarding both rawdata and interpreted results against unauthorized access by any person or persons while the data and/or interpreted results are in the possession of PRSS. 7. Inconsideration of the development, if any, by PRSS, of special programs to serve the needs of Public Safety, full ownership of such programs will remain totally vested in PRSS. Public Safety shall have no claim or right of ownership whatsoever in said programs. Ownership of the programs by PRSS, includes, but is not limited to, the rightto utilize these programs in serving other agencies and individuals, and the right to issue data and information developed while serving Public Safety whenever such use is, in the opinion of PRSS, relevant to the performance of such a task. 8. Public Safety hereby accepts full responsibility for safeguarding the interests of the tested individuals whose data has been submitted to PRSS for processing and to keep same confidential. Public Safety agrees to be bound by the terms of this Agreement as to matters of professional qualifications and responsibilities. Public Safety's professional responsibility includes the protection of the client against damage that may otherwise accrue through inadvertent errors by PRSS staff and/or equipment Because PRSS's services constitute an aid to the assessment services practiced by Public Safety and are in noway a substitute for their normal decision processes, PRSS's liability to Public Safety is limited to reprocessing the documents for a particular case without additional charge, and Public Safety agrees to hold PRSS harmless for any and all liability which maybe incurred to any persons in the performance ofPRSS services under this contract. PRSS agrees that if a lawsuit against Public Safety names PRSS as co-defendant or brings into issue the validity or appropriateness of PRSS procedures, PRSS will, at no cost to Public Safety, provide expert consultation regarding defense of such issues and may, at the exclusive election of PRSS, provide expertwitness(es) and/or legal counsel to help Public Safety in such defense. J� It is expressly understood by the parties to this Agreement that PRSS renders nod irect service to those individuals tested; further, that results and evaluations as provided by PRSS to Public Safety shall in no way hinder Public Safety in the exercise of its judgement, Public Safety's use of PRSS services does not constitute endorsement by Public Safety of PRSS beyond the obvious inference that continued use imply reasonable freedom from dissatisfaction. PRSS services furnished to Public Safety donot constitute endorsement by PRSS of Public Safety beyond the assurance that Public Safety has furnished PRSS with evidence that appropriate standards of professional competence have been met. 10. PRSS's prices forthe services rendered to Public Safety shall be those mutually agreed upon; these prices are subjectto change at anytime by PRSS, giving Public Safety written notice of same thirty (30) days before such price change iotobeeffective. 11 Consultation or other services desired by Public Safety, but in excess of what is required, in thejudgement ofPR8S. for the proper performance of this contract shall not be included in the basic price structure. Such services shall be the subject of separate negotiations and shall be defined under separate agreements specific thereto. 12. Answer sheets and other documents, aswell as other supplies which maybe furnished by PRSS to Public Safety under this contract shall remain the property ofPRSG. \n the eventthat.at the time of termination of this contract, Public Safety remains in possession of substantial stock of such supplies, these will be returned tnPRSS 13. The term of this agreement shall be for a period of six (6) months and shall renew automatically unless the party desiring the cancellation shall have notified the other party at least sixty (60) days prior to the expiration of the existing contract period by means of certified letter specifying intent to cancel and addressed 10 the last known business address of the recipient. 14. it is expressly understood by Public Safety that no service will be provided to Public Safety on those tests not accompanied by a "Waiver of Confidentiality", provided to Public Safety by PRSS and executed and signed by the tested individual. 15. This Agreement shall be construed underthe laws nf the State ofFlorida. |N WITNESS WHEREOF, the parties hereto have executed this Agreement of the date first noted above. PSYCHOLOGICAL RESOURCES SUPPORT SYSTEMS, INC. Attest _City ofVWnterSphngs� NameofPubliuSafeA Xig eofOfficial Psychological Resources, Inc. 501 Pulliam St., SW, Ste. 404, Atlanta, GA 30312 -2750 (404) 892 -3000, (800) 969 -5777; Fax: (404) 873 -1630 s THISAGREEMENTdated this 19th day of June, 2014, between City of Winter Springs (hereinafter Public Safety), and Psychological Resources Support Systems, Inc., whose address is 501 Pulliam St., SW, Ste. 404, Atlanta, Georgia 30312 -2750 (hereinafter PRSS). M1111 Z, iaT+� WHEREAS Public Safety is desirous of having PRSS provide psychological testing and evaluation services to them; and WHEREAS PRSS is capable of providing said services and evaluations; NOWTHEREFORE, for good and valuable consideration, and in consideration of the above premises and the mutual promises herein, the sufficiency of which is acknowledged by both parties to this Agreement, the parties agree as follows: 1. PRSS agrees to process such psychological test data as maybe submitted by public Safety to the principal place of business of PRSS, or such other place as maybe deemed appropriate by mutual agreement. 2. PRSS shall exercise all due diligence in the prompt handling of data, including but not limited to, the maintenance of normal office hours during which delivery will be accepted, appropriate safeguards to prevent loss of data while in processing, and conformance to mutually agreeable methods of output. 3. PRSS shall maintain appropriate data processing facilities necessary to ensure normal rapid service. However, in the event of conditions beyond the control of PRSS which force the delay of services, PRSS's liability shall be limited to the refunding of fees charged and collected forthe particular case document which, due to such delay, has become unsuitable forthe purposes intended by Public Safety. 4. PRSS limits its liability, and Public Safety agrees thereto, in the event of processing errors, to reprocessing the document(s) and particular case(s) in question without any additional charge to Public Safety. 5. Data submitted must be in the format specified by PRSS, upon special answer sheets and control documents furnished by PRSS forthat purpose. Instructions to Public Safety regarding methods of performing this task will be furnished by PRSS at no additional cost. Further, Public Safety agrees to present said instruction to the tested parties in the medium as provided by PRSS. 6. PRSS accepts full responsibility for safeguarding both rawdata and interpreted results against unauthorized access by any person or persons while the data and /or interpreted results are in the possession of PRSS. 7. Inconsideration of the development, if any, by PRSS, of special programs to serve the needs of Public Safety, full ownership of such programs will remain totally vested in PRSS. Public Safety shall have no claim or right of ownership whatsoever in said programs. Ownership of the programs by PRSS, includes, but is not limited to, the right to utilize these programs in serving other agencies and individuals, and the rightto issue data and information developed while serving Public Safety whenever such use is, in the opinion of PRSS, relevant to the performance of such a task. 8. Public Safety hereby accepts full responsibility for safeguarding the interests of the tested individuals whose data has been submitted to PRSS for processing and to keep same confidential. Public Safety agrees to be bound by the terms of this Agreement as to matters of professional qualifications and responsibilities. Public Safety's professional responsibility includes the protection of the client against damage that may otherwise accrue through inadvertent errors by PRSS staff and/or equipment. Because PRSS's services constitute an aid to the assessment services practiced by Public Safety and are in noway a substitute for their normal decision processes, PRSS's liability to Public Safety is limited to reprocessing the documents for a particular case without additional charge, and Public Safety agrees to hold PRSS harmless for any and all liability which maybe incurred to any persons in the performance ofPRSS services under this contract. PRSS agrees that if a lawsuit against Public Safety names PRSS as co-defendant or brings into issue the validity or appropriateness of PRSS procedures, PRSS will, at no costto Public Safety, provide expert consultation regarding defense of such issues and may, at the exclusive election of PRSS, provide expertwitness(es) and/or legal counsel to help Public Safety in such defense, Q � It is expressly understood by the parties to this Agreement that PRSS renders no direct service to those individuals tested- fudher.that results and evaluations ae provided byPRSSto Public Safety shall inno way hinder Pub|icSohs1yinthe exercise of its judgement, Public Safety's use ofpRSG services does not constitute endorsement by Public Safety of PRSS beyond the obvious inference that continued use imply reononab|efreedom from dissatisfaction. PR8S services furnished to Public Safety do not constitute endorsement by PRSS of Public Safety beyond the assurance that Public Safety has furnished PRSS with evidence that appropriate standards of professional competence have been met. 10 PRSS's prices for the services rendered to Public Safety shall be those mutually agreed upon; these prices are subject too angaa anytime y h � b b PRBS. giving Public Safety written notice of same thirty (3U)days before such price change iotobeeffective. 11 . Consultation or other services desired by Public Safety, but in excess of what is required, in thejudgement of PRSS, for the proper performance of this contract shall not be included in the basic price structure. Such services shall bethe subject of separate negotiations and shall be defined under separate agreements specific thereto. 12 Answer sheets and other documents, 2S well as othersupplies which maybe furnished by PRSS to Public Safety under this contract shall remain the property ofPRGS. |n the event that, atthe time nf termination of this contract, Public Safety remains in possession of substantial stock of such supplies, these will be returned 0uPF<8S 13 The term of this agreement shal I be for a period of six (6) months and shall renew automatically unless the party desiring the cancellation shall have notified the other party at least sixty (6O) days priortothe expiration of the existing contract period by means of certified letter specifying intentto cancel and addressed to the last known business address nf the recipient. 14 It is expressly understood by Public Safety that no service will be provided to Public Safety on those tests not accompanied by a "Waiver of Confidentiality", provided to Public Safety by PRSS and executed and signed by the tested individual. 15. This Agreement shall be construed under the laws of the State ofFlorida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the date first noted above. PSYCHOLOGICAL RESOURCES SUPPORTSYSTEMS.|NC. City ofVNnterS Name ofPublic Attest of