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R97-140RESOLUTION NO. R97-/,~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND APPROVING AN INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH (CITY) AND HOWARD M. WEINER, M.D., M.P.H. (CONSULTANT), PROVIDING FOR OCCUPATIONAL MEDICINE CONSULTING, INDEPENDENT MEDICAL EVALUATION AND/OR TREATMENT TO THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, upon recommendation of staff, has deemed it be in the best interests of the citizens, employees and residents of the City to enter into an Agreement with Howard M. Weiner, M.D., M.P.H, providing for .occupational medicine consulting, independent medical evaluation and/or treatment to the City, said services shall include, but not be limited to, medical evaluation of patients, reviewing patient records, providing written evaluations and/or reports and conference time; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the- City of Boynton Beach, Florida does hereby authorize and approve an Agreement between the City of Boynton Beach and the Howard M. Weiner, M.D., M.P.H., which Agreement is attached hereto as Exhibit "A". Section2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ,/~' day of August, 1997. CITY OF BOYNTON BEACH, FLORIDA Mayor -~_~ f// Vice~o~,.~ ~_~ °'.~f~'i~si°ner ~ . .... ~, Commissionep/ / .~ Commissioner INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (hereinafter "Agreement")is made and effective this day of ,1997,,,by and ,, between MEDICAL ASSESSMENT INSTITUTE, INC. (hereinafter Consultant ) and the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation (hereinafter "City"). NOW THEREFORE, in consideration of the mutual benefits, terms conditions and covenants hereinafter specified, Consultant and City agree as follows: 1. Engagement. City hereby engages Consultant, and Consultant accepts such engagement, to provide Occupational Medicine Consulting, independent Medical Evaiuation and/or Medical Evaluation and or Treatment to City. Throughout the course of the project, Consultant may be asked by City to consult with respect to non-medical building remediation issues. Such efforts may include building "walk-throughs," conferences with consultants engaged by City, and conferences with the City's Manager, Assistant Manager, anc~ designated City staff. City hereby recognizes that the impressions and recommendations of Consultant are a reflection of information gathered at a particular point in time. City further recognizes that Consultant makes no warranty as to the future health and safety of City employees. 2. Term. Consultant shall provide services to City pursuant to this Agreement for a term commencing on and ending on , unless an extension of such term is granted in writing by City. 3. Place of Work. Consultant shall render services primarily at Consultant's offices, but will, upon request, provide the services at City facilities or such other places as reasonably requested by City as appropriate for performance of services under this Agreement. 4. Times. Consultant's daily schedule and hours worked under this Agreemenfon a given day shall generally be subject to Consultant's discretion, provided that Consultant and City anticipate that Consultant shall work an average prearranged number of hours per week in the performance of services under this Agreement. City relies upon Consultant to devote sufficient time as is reasonably necessary to meet the obligations of this Agreement. Weiner Agreemen! ~ revised. 8/4/97 5. Services. Services shall include, but not be limited to, medical evaluation of patients, reviewing patient records, providing written evaluations and/or reports, and conference time. 6. Payment. City shall pay Consultant for completed work and services rendered as follows: Compensation for services rendered shall be paid at the fee of $300.00 per hour, provided that the total amount paid to Consultant under this Agreement shall not exceed $ , without the execution of a written modification of the Agreement signed by both parties. All testing performed at the time of the IME or Medical Evaluation and Treatment (eg, spirometry and/or nasal cytology and/or nasopharyngoscopy and/or allergy skin testing) shall be reimbursed at the Consultant's fee schedule, a copy of which is attached hereto and incorporated herein as Exhibit "A". Subsequent testing and medical care shall be reimbursed at Consultant's fee or Workers' Compensation Schedule, whichever is applicable. Subsequent written reports and conference time shall be reimbursec~ pursuant to Consultant's Fee Schedule. A copy of Consultant's Workers' Compensation Schedule is attached hereto and incorporated herein as Exhibit "B". The method of payment for non-medical building remediation consulting, which shall be $300.00 per hour may be changed to a "single project fee" method upon the execution of a written addendum to this Agreement. Payment shall be made on a monthly basis and at the end of the project. All bills for payment will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. City shall pay Consultant's predetermined expenses incurred in the performance of this Agreement, provided these expenses have been pre-approved by City. Consultant shall not be reimbursed.for food and lodging expenses unless prior approval is obtained from the City. Payment is due within sixty (60) days of Consultant's providing the respective service, provided that City has been billed by ConsUltant a reasonable time after the service has been provided. Weiner Agreement - revised. 8/4/97 2 Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City and after the Completion of the work under this agreement and it's acceptance by the City. The Consultant's records and accounts pertaining to the Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available to City upon request. 7. Duties of City and its employees. City shall make a reasonable effort to provide patient records to the physician at least two (2) days prior to the individual's appointment. The individual being evaluated is responsible for bringing medical history data, including but not limited to, all prior hospitalizations, current medications, occupational history, educational history, and symptoms pertinent to the alleged condition. 8. Confidentiality. Consultant shall not during the term of this Agreement, and thereafter for five (5) years, disclose any confidential information, except to city officials as designated by the City Manager. "Confidential information" for the purposes of this Agreement shall include City's proprietary and confidential information, including but not limited to, medical files, customer lists, business plans, marketing plans, financial information, software, source codes and object codes. "Confidential information" shall not include any information: that is disclosed by City without restriction; becomes available to public through no act of Consultant; or is rightfully received by Consultant from a third party. Termination, A. This Agreement may be terminated by City for any reason whatsoever. B. Consultant may terminate this Agreement for any reason whatsoever, upon giving City ninety (90) days written notice of Consultant's intent to terminate this Agreement. 10. Independent Contractor. Consultant and City hereby agree that throughout the term of this Agreement and beyond, Consultant is and shall be an indel~endent contractor and not an employee, partner, or agent of City. Nothing ~n this Agreement shall be interpreted to create the relationship of employer and employee between the parties hereto. Consultant and any employees of Consultant shall Consultant accept or receive any benefittnormally provided to City employees including but not limited to vacation pay, retirement benefits, health care benefits or sick pay. City shall not be responsible for withholding Weiner Agreement - revised. 8/4/97 3 income or other taxes from the payments made to Consultant. Consultant shall be solely responsible for filing all returns and paying any income, social security or other tax levied upon or determined with respect to the payments made to Consultant pursuant to this Agreement. 11. Tools and Supplies. Unless otherwise agreed to by City and Consultant in advance, Consultant shall be solely responsible for procuring, paying for and maintaining any personnel, computer equipment, software, paper, tools or supplies necessary or appropriate for the performance of Consultant's services hereunder. Expenditures for services not normally provided by Consultant in the scope of practice shall be reimbursed in a manner acceptable to both Consultant and City. 12. Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be Palm Beach County, Florida. 13. Compliance with Laws. Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws ordinances and regulations that are applicable to the services to be rendered under this Agreement. 14. Responsibility for Damages. Consultant shall be solely responsible for any and all damages to property or person resulting from the acts, omissions, errors or failures of Consultant in connection with performance of this Agreement. 15. Headings. The headings in this Agreement are inserted for convenience only and shall not be used to define, limit or describe the scope of this Agreement or any of the obligations herein. 16. Insurance. Consultant shall maintain throughout the course of this Agreement medical malpractice insurance in the amount of Five Hundred Thousand ($500,000.00) Dollars/S1.5 million Dollars (single/aggregate) for allergy, immunology :and occupational medicine. Consultant must provide proof of insurance to City prior to the execution of this Agreement. 17. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 18. Assignment. The Consultant shall not sublet or assign any of the services Covered by this Agreement without the express written con sent of the Weiner Agreement - revised. 8/4/97 4 City. 19. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this agreement shall nor constitute a waiver of any other provision. 20. Notices. Any notice required to be given or otherwise given pursuant to this Agreement shall be in writing and shall be hand delivered; mailed by certified mail, return receipt requested; or sent by a national overnight courier service as follows: . If to Consultant: Howard M Weiner, M.D., M.P.H. 9980 Central Park Boulevard North Suite 102 Boca Raton Florida 33428 If to City: City Manager City of Boynton Beach P.O. Box 310 Boynton Beach Florida 33425-0310 21. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all remaining terms, shall remain in full force and effect as if such invalid or unenforceable term had never been included. 22. Final Agreement. This Agreement constitutes the final understanding between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements between the parties, whether written or oral. This Agreement may be amended, supplemented or changed only by a written addendum signed by both parties. Weiner Agreemem - revised. 8/4/97 5 IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the date first above written. Howard U Weiner, M.D.M.P.H. Witness .~TVVitness as to City Witn(~ss as to City ATTEST: Cit~ Cterk "-- CITY OF BOYNTON BEACH Mayor Approved~as to ..E .or./~ ~ City Attorney Weiner Agreement: revised. 814/97 6 EXHIBIT "A" CONSULTANT,S FEE SCHEDULE Three Hundred ($300.00) Dollars per hour for Medical and Non-medical Building Remediation related issues. Pulmonary Function studies Spirometry $60.00 Flow-Volume Loop $45.00 Nasal Cytology Allergy Skin Testing Prick Intracutaneous $15.00 $ 4.45 per prick $ 6.15 per intracutaneous Sputum Cytology $15.00 Nasopharyngoscopy (Endoscopic) Laryngoscopy (Endoscopic) Anterior Rhinometry $55.00 $150.00 $175.00 Weaner Agreement - revised. 8/4/97