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required in the ordinary course of Consultant's business operations, nor will the <br />Consultant be required to disclose any information, including but not limited to <br />product cost or pricing data, which Consultant considers confidential or proprietary. <br />14) Any Agreement changes which are mutually agreed upon by and between the <br />parties shall be incorporated in written amendments to the Agreement. <br />15) If the circumstances on a particular hearing and/or court proceeding warrant the <br />presence of a competent and knowledgeable representative of the Consultant, the <br />City may request and contractor shall provide such representative, at the rates <br />provided in Exhibit A and upon proper HIPAA release. <br />16) Maintain a network of qualified and trained medical providers and medical <br />specialists for necessary exams; Orient City staff in the legallmedical/risk <br />management and human resources aspects of Consultant services; <br />17) Communicate directly with applicants to obtain the confidential medical <br />information that is needed for clearance for a particular job; <br />18) Manage all bill review functions for the medical exams performed by clinics; and, <br />19) Provide access for City staff to Consultant's tracking system. <br />E. Depending on job classification, pre -employment and pre -assignment medical examination <br />processes may include: job profile review; review of medical history; check vital signs; <br />detailed vision exam, including check ofneadfar/peripheral vision, Ishihara 14 and primary <br />color; audiogram (if classification has specific occupational noise exposure or critical <br />hearing demands); chest x-ray; EKG or treadmill stress EKG; Spirometry; chem panel 20: <br />CBC w/diff; dipstick UA, or UA w/Micro (to lab); venipuncture & collection. <br />COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services the <br />rates and charges identified in Exhibit A. The total annual amount authorized under this <br />Agreement shall not exceed forty thousand dollars (S40,000) during the term of this <br />Agreement. <br />b. This Agreement authorizes payment of any services provided by Consultant from January <br />1, 2020 to the date of this Agreement. <br />C. Payment by City shall be made within forty-five of days (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work that fails to meet the standards of performance set <br />forth in the Recitals, which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date written above and terminate on June 30, 2021, unless <br />terminated earlier in accordance with Section 15, below. <br />4. INDEPENDENT CONSULTANT <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Consultant performs the services which are the <br />subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in <br />#5944vl <br />