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INSURANCE ON FILE. N-2020-083 WORK MAY PROCEED UNTIL INSURANCE EXPIRES d 3 // fr o7 I CLERKOFCOUNCIL AGREEMENT FOR MEDICAL SERVICES AND TESTING DATE t'.rrvrtrn SawruNYh� Iu�bv} THIS AGREEMENT is made and entered into this 14th day of February, 2020 by and between Cheshire Medical Corporation, a Calili>rnia corporation doing business as ProCare Work Injury Center 7 ("Consultant"), and the City ofSanta Ana, a eharter city and municipal corporation organized and existing a under the Constitution and laws of the State of California ("City"). CA RECITALS N o A. City desires to retain a licensed medical consultant to provide non -industrial medical services including but not limited to Department ofTransportation ("DOT") mandated services, drug tests, respiratory fitness tests, vision testing. post -accident testing. pre -employment examinations, fitness for duly examinations, and similar medical services for employees or applicants for employment. B. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES A. Consultant shall perform medical services including examinations and testing for non- industrial medical services including but not limited to Department of Transportation ("DOT") mandated services, post -accident testing, pre -employment examinations, fitness for duty examinations, and similar medical services for employees or applicants for employment. Each service request will be confirmed in writing between City's Human Resources Department and Consultant prior to Consultant providing services pursuant to this Agreement. Specifically, consultant's services will include: I ) For prospective and current City employees to perform the duties of the position for which they are being considered (pre -employment assessments), using pre- determined medical protocols for each job classification; such protocols may be modified by the physician, in consultation with the City's Executive Director of Human Resources, or his/her designee, as is necessary to make a determination as to suitability for employment; 2) For current City employees being considered for employment in Department of Transportation (DOT) and non -DOT positions requiring pre -placement or pre - assignment drug screens; 3) Fitness for Duty examinations (industrial and non -industrial), and provide reports and recommendations regarding the suitability of current employees to continue to perform their duties; 4) Urine and breath specimen collection, laboratory analysis and Medical Review Officer (MRO) responsibilities; 5) Department of Motor Vehicles (DMV) Driver's License physical examinations; b) DOT -mandated drug and alcohol testing ofemployeesconsidered 'safety sensitive' as definul under DOT regulations and City policy. Consultant shall ensure all such testing complies with DOT testing procedures as per 49 CFR, Part 40; such testing #5944v1