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HomeMy WebLinkAboutR-81-0935RESOLUTION NO. 8 935 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DR. MIRIAM V. MORALES, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR RADIOLOGY SERVICES TO PROVIDE PRE -EMPLOYMENT BACK X-RAYS OF CANDIDATES FOR EMPLOYMENT IN THE POLICE AND FIRE DEPARTMENTS AT A COST NOT TO EXCEED $60,000 WITH FUNDS THEREFOR ALLOCATED FROM SAID DEPARTMENTS' PROFESSIONAL SERVICES - DENTAL AND HOSPITAL ACCOUNT. WHEREAS, the City of Miami is desirous of radiology services in the nature of pre -employment back x-rays for candidates for employment in the Police and Fire Departments; and WHEREAS, Dr. Miriam V. Morales has the necessary training, license, experience and skills of a Radiologist and is willing to conduct pre -employment back x-rays for candidates, for employ- ment in the Police and Fire Departments; and WHEREAS, Dr. Miriam V. Morales has provided services as a Radiologist for the City and her services have proven to be of value to the Police and Fire Departments by demonstrating an ex- treme amount of competence in administering these services; and WHEREAS, the City is desirous of obtaining such services of Dr. Miriam V. Morales and she is desirous of performing such ser- vices; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement with Dr. Miriam V. Morales, in substantially the form attached hereto, for radiology services to be provided to the City's Police and Fire Department candidates for pre -employment back x-rays in an amount not to exceed $60,000, with funds therefor hereby allo- cated from the Police and Fire Departments' Professional Services - Dental and Hospital Account. PASSED AND ADOPTED this 12 day of November , 1981. MAURICE A. FERRE M A Y 0 R ATTEST: LPH ONGIE, CITY CLER CITY COMMISSION ' MEETING OF N 0 V 1 1 19cs1 WOUMON NO.....8......• 9FRUM ............................ 5 w A_ t PREPARED AND APPROVED BY: ROBERT F. CLARK DEPUTY CITY ATTORNEY = APPROVED AS TO FORM AND CORRECTNESS: GEORG F. KNOX, JR. CITY TORNEY_____- amm -2- 81-935 ►, 34 Howard V. Gary City Manager Robert D. Krause, Director Department of Human Resources October 8, 1981 Proposed Resolution and Contract for Professional Medical Services (for City Commission Approval) c� It is recommended that the City enter into a professional medical service contract with Dr. Miriam V. Morales (Radiologist) to obtain radiology services for providing pre -employment back x-rays, for candidates, for Co -- employment in the Police and Fire Departments. v The City Commission has taken action to authorize the recruitment of 186 additional Police Officers in the Police Department. In order to facili- tate the process, all candidates have to undergo a back x-ray as part of the recruitment process. This process was done previously by Dr. Kirsh, who never had a contract with the City. Dr. Kirsh has indicated that he no longer desires to perform this service. Therefore, he has recommended Dr. Miriam V. Morales, a diplomate of the American Board of Radiology as a replacement. Dr. Morales is eminently qualified to perform this work. She has agreed to do the back x-rays at the same fee of $28.00 per candidate that Dr. Kirsh charged. Therefore, based on Dr. Kirsh's recommendation and on the analysis of Dr. Morales' skills, a temporary contract for one month was entered into with her. This contract is due to expire October 31, 1981. Since the temporary contract with Dr. Miriam V. Morales (Radiologist) is to expire on October 31, 1981, there is an urgency to reaffirm this agree- ment. The Resolution is urgent, because the Police Department's candidates cannot be processed because back x-rays have not been processed. Funds for this service are available within the Police and Fire Depart- ments under the account for Professional Services -Dental and Hospital Care. The total fee paid last year to Dr. Kirsh was approximately $35,000. It is anticipated that we would process approximately the same number of candidates this Fiscal Year or even more so. It is recommended that the City Manager be authorized to enter into a proposed contract per the attached Resolution. ARB:jb Enclosures 1 1 3 rJ I PROFESSIONAL SERVICES AGREEMENT This Agreement entered into as of the 16th day of November, 1981, by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY" and Dr. Miriam V. Horales (Radiologist) hereinafter referred to as "PHYSICIAN". 11 I T N E S S E T H: WHEREAS, the City Miami, Florida, requires professional services in the nature of pre -employment back X-Rays for candidates for employment to the Police and Fire Departments, and WHEREAS, the PHYSICIAN has expressed a desire to perform the required Radiology service, for the CITY; NOW, THEREFORE, the CITY and PHYSICIAN agree as follows: 1, TERH: This Agreement shall commence November 16, 1981 for the purpose of providing pre -employment back X-Rays for candi- dates for employment to the Police and Fire Departments of the City of Miami, Florida, and shall terminate November 16, 1982, or upon the expenditure of SIXTY THOUSAND DOLLARS ($60,000.00), whichever comes first. 2. BASIC SERVICES: (a) The PHYSICIAN shall provide the following pro- fessional services as a part of this Agreement: (1) Take back X-Rays of candidates for employment to Police and Fire Departments. (2) Provide 2 views of the back, lumbo-sacral spine and pelvis. (3) If findings from the X-Rays are suspicious or out of the ordinary, take additional views at no extra charge to the CITY, i.e., L-S spine 1 oblique 11X 14 or 11X 17. 7 i i 81 - 935 (4) Mail results of the findings to the City Medical Division within 8 to 24 hours. 3. COMPENSATION (a) The CITY shall pay the PHYSICIAN as compensa- tion for the services required pursuant to Paragraph 2 hereof, a fee to be calculated at an amount of TWENTY-EIGHT DOLLARS ($28.00) per patient (employment candidate) for 2 views of the back to include but not be limited to the lumbo-sacral spine and pelvis and any additional view as outlined in Section 2 of this Agreement. (b) Such fee shall be paid upon submission by the PHYSICIAN of a monthly billing; such billings shall contain the names of all patients (employment candidates) along with a brief description of service performed; such billing shall be paid within fifteen (15) days of submission. The CITY shall have the right to review and audit the medical records and related records of the PHYSICIAN pertaining to any such billing. (c) The PHYSICIAN and the CITY hereby agree that the maximum amount payable under this contract shall not exceed SIXTY THOUSAND DOLLARS ($60,000.00) and that any party may immediately and at any time terminate this Agreement when the costs hereinabove reach SIXTY THOUSAND DOLLARS ($60,000.00). When the aggregate accumulation of charges reaches SIXTY THOUSAND DOLLARS ($60,000.00), the PHYSICIAN shall notify the CITY. 4. TERMINATION OF CONTRACT The CITY retains the right to terminate this Agreement at any time without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the PHYSICIAN who shall be paid for all services performed prior to the date of her receipt of the notice of termination. Basis for payment shall be as set out. In no t 2 case, however, will the CITY pay the PHYSICIAN an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the PHYSICIAN that any payment made in accordance with this Section to the PHYSICIAN shall be made only if said PHYSICIAN is not in default under the terms of this Agreement. If the PHYSICIAN is in default under the terms of this Agree- ment, then the CITY shall in no way be obligated and shall not pay to the PHYSICIAN any sum whatsoever. 5. OiINERSHIP OF DOCUMENTS All X-Rays and medical records developed by PHYSICAN under this Agreement, shall be delivered to the CITY by said PHYSICIAN upon completion of this Agreement and shall become the property of the CITY. It is further understood by and between the parties that any information, X-Rays and medical records or documents or other matters whatsoever which are given by the CITY to the PHYSICIAN pursuant to this Agreement shall at all time remain the property of the CITY and shall not be used by the PHYSICIAN for any other purposes whatsoever without the written consent of the CITY. 6. AWARD OF AGREEMENT The PHYSICIAN warrants that she has not employed or retained any company or persons to solicit or secure this Agree- ment and that she has not offered to pay, paid, or agreed to pay any person or company any fee, commission, percentage, brokerage fee, or gifts of any kind contingent upon or result- ing from the award of making this Agreement. The PHYSICIAN is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Dade County, Flroida (Dade County Code, Section 2-11.1) and the Florida Statutes and agree that she will fully comply in all respects with the terms of said laws. 7. NON-DELEGABILITY It is understood and agreed that the obligations 3 81 - 935 W undertaken by the PHYSICIAN pursuant to this Agreement shall not be delegated to any other person or firm unless the CITY shall first consent in writing to the performance of such services or any part thereof by another person. B. CONSTRUCTION OF AGREEMENT The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case laws of the State of Florida. 9. AUDIT RIGHTS The CITY reserves the right to audit the records of the PHYSICIAN at any time during the performance of this Agree- ment and for a period of one year after final payment is made under this Agreement. 10. INDEMNIFICATION PHYSICIAN shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of PHYSICIAN activities under this Contract, including all other acts or omissions to act on the part of the PHYSICIAN or any of them, including any person acting for or on his or their behalf. 11. CONFLICT OF INTEREST The PHYSICIAN covenants that no person under her employment has presently exercised any functions or responsi- bilities in connection with this Agreement or has any personal or financial interests, direct or indirect, in this Agreement. The PHYSICIA14 further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of the PHYSICIAN or her employees, must be disclosed in writing to the CITY. The PHYSICIAN, in the performance of this Agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by Federal, State or Local 4 government. 12. INDEPENDENT CONTRACTOR The PHYSICIAN and her employees and agents shall be deemed to be an independent contractor, and not an agent or employee of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the CITY, or any rights generally afforded classified or unclassi- fied employees; further he/she shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the CITY. 13. AMENDMENTS The parties may amend, extend or renew the Agreement to conform with changes in applicable City, County, State and Federal Laws, directives, guidelines and objectives. Any amendments, extentions or renewals shall be in writing, upon review, approval and execution by the parties hereto. IN WITNESS IMEREOF, the parties hereto have caused these presents to be executed by the respective officials ti thereunto duly authorized, this the day and year first above written. Witnesses: dam PHYSICIAN MIRIAM V. MORALES, M.D. r 81- V35