R97-051RESOLUTION NO. R97-..4'/
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, MD., 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 April, 1997.
CITY OF BOYNTON BEACH, FLORIDA
COmm~sioner ./ /,
~Commissioner
INDEPENDENT CONTRACTOR AGREEMENT
This Independent Contractor Agreement (hereinafter "Agreement") is
made and effective this day of ,1997, by and
between HOWARD M. WEINER, M.D., M.P.H. (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 Evaluation 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 "wa lk-throughs," conferences with consultants engaged by
'City, and conferences with the City's Manager, Assistant Manager, and
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
Agreement on a given day shall generally be subject to Consultant's discretion,
provided that Consultant and City aqticipate that Consultant shall work an
average prearranged number, of hours poer 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 Agreement, 3/24/97
5. Services. Services shall include, but not be limited to, medical
evaluation of patients, rewewing 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 reimbursed 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, 3/24/97 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 the breach or default
of any material obligation by City, which breach or default is not
cured by City within thirty (30) days written notice from Consultant.
10. Independent Contractor. Consultant and City hereby agree that
throughout the term of this Agreement and beyond, Consultant is and shall be an
independent contractor and not an employee, partner, or agent of City. Nothing
in 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 benefit normally 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, 3/24/97 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.
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. Indemnification. Consultant shall indemnify, defend and hold harmless
the City, its offices, agents and employees, from and against any and all claims,
losses or liability, or any portion thereof, including attorneys fees and costs,
arising from injury or death to person, the employees, or damage to property
occasioned by a negligent act, omission or failure of the Consultant.
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 must have professional liability coverage in the
amount of One Million ($1,000,000.00) Dollars and medical malpractice
insurance in the amount of Five Hundred Thousand ($500,000.00) Dollars.
Consultant must provide proof of insurance to City prior to the execution of this
Agreement. Consultant shall hold the City, its officer, employees and agents,
harmless and free from any liability and/or legal actions or claims arising out of
the services provided in accordance with 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
Weiner Agreement, 3/24/97 4
services covered by this Agreement without the express written consent of the
City.
19. Non-waiver. Waiver by the City of any provision of this Agreement or
any time limitation provided for in this agreement shall not constitute a waiver of
any other provision.
20. Notices. Any notice requirect 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.
IN WITNESS WHEREOF, this Agreement has been executed by the
parties as of the date first above written.
Witness
Howard M. Weiner, M.D., M.P.H.
Witness
Weiner Agreement. 3/24/97 5
WitneSs as-~ City
Wit~es-s a~to City
CITY Of BOYNTON BEACH
Mayor
ATTEST:
Cityr/Clerk ~ ~.
A. ',...1920/
Approved as to Fgrm: . ~ ~(omo~ -~
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City Attorne~
Weiner Agreement, 3/24/97 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
$15.00
Allergy Skin Testing
Prick
Intracutaneous
$ 4.45 per prick
$ 6.15 per intracutaneous
Sputum Cytology
$15.00
Nasopharyngoscopy (Endoscopic)
Laryngoscopy (Endoscopic)
$150.00
$175.00
Anterior Rhinometry
$55.00
wp~agmt\weiner agreement
Weincr Agreement, 03/27/97 7