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INBURANGt CNFILf: A-2015-067 UNCfIKINSUHANC_r„�fXNINF`.S C LERK 0� COIJNGIL DATCONSULTANT AGREEMENT "—y THIS AGREEMENT, made and entered into this 19`” day of May, 2015 by and between Occu-Med, Ltd., a professional corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and n laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a medical consultant having special skill, knowledge and expertise in the field of medical services to provide a fully comprehensive and legally - defensible medical services review program as an essential part of the City's objective to provide and maintain a qualified work force, 8, Consultant represents that Consultant is able and willing to provide such services to J the City. C. 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 professlonal consulting 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 Consultant shall organize, schedule, manage, and/or evaluate a comprehensive range of medical services and examinations, as set forth in its Proposal dated February 9, 2015 attached hereto and incorporated herein by reference ("Exhibit K), including but not limited to: a) 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 the Personnel Services Department, or his/her designee, as is necessary to make a determination as to suitability for employment; b) 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; c) 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; d) Urine and breath specimen collection, laboratory analysis and Medical Review Officer (MRO) responsibilities; e) Department of Motor Vehicles (DMV) Driver's License physical examinations; f) DOT -mandated drug and alcohol testing of employees considered 'safety sensitive' as defined 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 to include pre-employment and pre -assignment.