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parties, the remaining portions of the Agreement shall be unaffected and the parties shall enter <br /> negotiations to replace the affected provision. <br /> 10. Present employees, if tested positive, shall have the prerogative for rehabilitation <br /> program at the employee's expense. When such program has been successfully completed the <br /> Contractor shall not discriminate in any way against the employee. If work for which the employee <br /> is qualified exists he/she shall be reinstated. <br /> 11. The Contractor agrees that results of urine and blood tests performed hereunder will <br /> be considered medical records held confidential to the extent permitted or required by law. Such <br /> records shall not be released to any persons or entities other than designated Contractor <br /> representatives and the applicable Union. Such release to the applicable Union shall only be <br /> allowed upon the signing of a written release and the information contained therein shall not be <br /> used to discourage the employment of the individual applicant or employee on any subsequent <br /> occasion. <br /> 12. The Contractor shall indemnify and hold the Union harmless against any and all <br /> claims, demands, suits, or liabilities that may arise out of the application of this Agreement and/or <br /> any program permitted hereunder. <br /> 13. Employees who seek voluntary assistance for substance abuse may not be <br /> disciplined for seeking such assistance. Requests from employees for such assistance shall remain <br /> confidential and shall not be revealed to other employees or management personnel without the <br /> employee's consent. Employees enrolled in substance abuse programs shall be subject to all <br /> Contractor rules, regulations and job performance standards with the understanding that an <br /> employee enrolled in such a program is receiving treatment for an illness. <br /> 14. This Memorandum, of Understanding shall constitute the only Agreement in effect <br /> between the parties concerning drug and alcohol abuse,prevention and testing. Any modifications <br /> thereto must be accomplished pursuant to collective bargaining negotiations between the parties. <br /> Co.. Ana <br /> City ouncil Page 46 o�$r 151 / 1 ddf4 <br />