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1 <br />AGREEMENT FOR MEDICAL SERVICES AND TESTING <br />THIS AGREEMENT is made and entered into this 7th day of June, 2022 by and between <br />William H. Nuesse, M.D. and Mary Ann Nuesse, D.O., a California medical corporation, doing <br />business as Sunrise Multispecialist Medical Center (“Consultant”), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under t he Constitution and laws of <br />the State of California (“City”). <br />RECITALS <br />A.City desires to retain a consultant to provide non-industrial medical services including but <br />not limited to Department of Transportation (“DOT”) mandated services, drug tests, <br />respiratory fitness tests, vision testing, post-accident testing, pre-employment <br />examinations, fitness for duty examinations, COVID-19 testing and similar medical <br />services for employees or applicants for employment. <br />B.In undertaking the performance of this Agreement, Consultant represents that it employs a <br />licensed medical doctor and is knowledgeable in its field and that any services performed <br />by Consultant under this Agreement will be performed in compliance with such standards <br />as may reasonably be expected from a licensed professional. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject <br />to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1.SCOPE OF SERVICES <br />A.Consultant shall perform medical services including examinations and testing for <br />non-industrial medical services including but not limited to Department of <br />Transportation (“DOT”) mandated services, COVID-19 testing, post-accident <br />testing, pre-employment examinations, fitness for duty examinations, and similar <br />medical services for employees or applicants for employment. Each service request <br />will be confirmed in writing between City’s Human Resources Department and <br />Consultant prior to Consultant providing services pursuant to this Agreement. <br />Specifically, consultant’s services will include: <br />1)For prospective and current City employees to perform the duties of the <br />position for which they are being considered (pre-employment <br />assessments), using pre-determined medical protocols for each job <br />classification; such protocols may be modified by the physician, in <br />consultation with the City’s Executive Director of Human Resources, or <br />his/her designee, as is necessary to make a determination as to suitability <br />for employment; <br />2)For current City employees being considered for employment in <br />Department of Transportation (DOT) and non-DOT positions requiring pre- <br />placement or pre-assignment drug screens; <br />3)Fitness for Duty examinations (industrial and non-industrial), and provide <br />reports and recommendations regarding the suitability of current employees <br />EXHIBIT 1