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AGREEMENT WITH OCCU-MED <br />TO PROVIDE MEDICAL SERVICES <br />THIS AGREEMENT is made and entered into this 19' day of June, 2018 by and between Occu-Med, Ltd., <br />a Delaware corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill special skill, knowledge and expertise in <br />the field of providing a fully comprehensive and legally defensible medical services review <br />program including, but not limited to: pre-employment assessments, drug tests, fitness for duty <br />exams, and medical review officer. <br />B. Consultant represents that Consultant is able and willing to provide such services to the City. <br />Consultant has been providing these services to the City since 2015. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable <br />in its field and that any services performed by Consultant under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional consulting <br />firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and <br />conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall organize, schedule, manage, and/or evaluate a comprehensive range of medical <br />services and examinations, as set forth in Exhibit A. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates <br />and charges identified in Exhibit B. The total amount to be expended under this Agreement <br />shall not exceed $100,000. <br />a. Payment by City shall be made within 45 days (forty-five) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on July 1, 2018 for a one (1) year term, unless terminated earlier <br />in accordance with Section 15, below. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />contractor 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 />Page 1 of 7 <br />25L-3 <br />