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CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 19`h day of May, 2015 by and between <br />Occu -Med, Ltd., a professional corporation (hereinafter "Consultant "), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a medical consultant having special skill, knowledge and <br />expertise in the field of medical services to provide a fully comprehensive and legally - <br />defensible medical services review program as an essential part of the City's <br />objective to provide and maintain a qualified work force. <br />B. Consultant represents that Consultant is able and willing to provide such services to <br />the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and 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 <br />medical services and examinations, as set forth in its Proposal dated February 9, 2015 <br />attached hereto and incorporated herein by reference ( "Exhibit A "), including but not limited <br />to: <br />a) For prospective and current City employees to perform the duties of the position for <br />which they are being considered (pre - employment assessments), using pre- determined <br />medical protocols for each job classification; such protocols may be modified by the <br />physician, in consultation with the City's Executive Director of the Personnel Services <br />Department, or his /her designee, as is necessary to make a determination as to <br />suitability for employment; <br />b) For current City employees being considered for employment in Department of <br />Transportation (DOT) and non -DOT positions requiring pre - placement or pre - assignment <br />drug screens; <br />c) Fitness for Duty examinations (Industrial and non - industrial), and provide reports and <br />recommendations regarding the suitability of current employees to continue to perform <br />their duties; <br />d) Urine and breath specimen collection, laboratory analysis and Medical Review Officer <br />(MRO) responsibilities; <br />e) Department of Motor Vehicles (DMV) Driver's License physical examinations; <br />f) DOT - mandated drug and alcohol testing of employees considered 'safety sensitive' as <br />defined under DOT regulations and City policy. Consultant shall ensure all such testing <br />complies with DOT testing procedures as per 49 CFR, Part 40; such testing to include <br />pre - employment and pre - assignment. <br />25A -5 <br />