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required in the orclin:uy course ('('Consultant's business operations, nor will the Consultant he required to disclose ally infionnation, including but not limited to product cost or pricing data. which Consultant considers confidential or proprietary. 14) Any Agreement changes which are annually agreed upon by and between the parties shall he incorporated in written amendments to the Agreement. IS) If the circumstances on a particular hearing an(Por court proceeding warrant the Presence of a competent and knowledgeable representative of the Consultant, the City may request and contractor shall provide such representative, at the rates provided in Exhibit A and upon proper H1PAA release. 16)Maintain a network of qualified and trained medical providers and medical specialists for necessary exams; Orient City staff in the legal/medical/risk management and human resources aspects of Consultant's services; 17) Communicate directly with applicants to obtain the confidential medical intitrnlation that is needed for clearance for a particular job; 13) Manage all hill review functions for the medical exams performed by clinics; and, 19) Provide access for City staff to Consultant's tracking system. E. Depending on job classification, pre -employment and pre -assignment medical examination processes may include: job profile review; review of medical history; check vital signs; detailed vision exam, including check ofnear/far:!peripheral vision, lshihara 14 and primary color; audiogram (if classification has specific occupational noise exposure or critical hearing demands); chest x-ray: GKG or treadmill stress EKG; Spirometry; Chem panel 20; CBC w/dil'f; dipstick UA, or UA w/Micro (to lab); venipuncture R collection. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services the rates and charges identified in Exhibit A. The total. sumxmnuul amount authorized under this Agreement shall not exceed forty thousand dollars ($40,000) during the tern of this Agreement. b. -rhis Agreement authorizes payment of any services provided by Consultant from January I, 2020 to the (laic orthis Agreement. Q. Payment by City shall be matte within forty-five of days (45) bays following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be matte fix work that tails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by City. 3. TERM '['his Agreement shall commence on the date written above and terminate on June 30, 2021, unless terminated earlier in accordance with Section 15. below. 4. INDEPENDENT CONSULTANT Consultant %hall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the protossional manner in which Consultant pertimns the services which are the subject matter of this Agreement: however, the services to he provided by Consultant shall be provided in N5944v1