PACIFIC MEDICAL CLINIC 2 -2013 - Laserfiche WebLink

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f) Urine and breath specimen collection, laboratory analysis and Medical Review Officer (MRO) responsibilities; g) Department of Transportation (DOT) drug and alcohol testing, following DOT -mandated testing procedures as per 49 CFR, Part 40; such testing to include: i. Pre -Employment; ii. Pre -Assignment; iii. Random; iv. Reasonable Suspicion; and V. Post -Accident. Consultant shall maintain a current valid contract with a Substance Abuse and Mental Health Services Administration (SAMSHA)-certified laboratory. Turn -around time from specimen collection to obtained test results shall be two (2) working days for a negative test, and five (5) working days for a positive test. 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, attached hereto and incorporated by this reference. The total sum to be expended under this Agreement shall not exceed $25,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on October 1, 2013 and terminate on June 30, 2014, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Personnel Services Department and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor 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 professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 2