2013-404 HR - Job Ready Services LLC Fit for Duty Testing $ 10,000

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LETTER AGREEMENT THIS AGREEMENT made and entered into this the _ day of , 2013 ("Effective Date") by and between Job Ready Services, LLC, ("Provider"), a North Carolina corporation located at 2300 Westinghouse Boulevard, Suite 107, Raleigh, North Carolina, 27604, WorkSTEPS®, Inc., a Texas corporation located at University Business Park, 3019 Alvin Devane, Suite 150, Austin, Texas, 78741 ("WorkSTEPS"), and Orange County, a , a local political subdivision of the State of North Carolina, located at 200 South Cameron Street, Post Office Box, Hillsborough, North Carolina ("COUNTY"), collectively("THE PARTIES"). WHEREAS: COUNTY is desirous of implementing a functional employment testing program as a part of its work injury and disability management program, to, among other reasons,effectuate a reduction of on- the-job injuries by trying to determine if an applicant or employee can safely perform the essential functions of the job. WHEREAS: WorkSTEPS has developed functional employment testing protocols and procedures that COUNTY desires to utilize for its functional employment testing program,and WHEREAS: WorkSTEPS desires to assist COUNTY in implementing the WorkSTEPS functional employment-testing program, THEREFORE THE PARTIES HERETO DO HEREBY AGREE AS FOLLOWS: Scope of Services: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Workplace Fitness for Duty and Functional Capacity Testing for Certain Work Groups. The scope of the project shall include testing of job positions as identified by Orange County and as provided in the"Workplace Fitness for Duty and Functional Capacity Testing at Risk Work Groups Proposal" (`the Proposal") submitted by Provider and WorkSTEPS, dated February 1,2013 (Exhibit 1),Job Analysis Bid Proposal(Exhibit 2) and Attachments A and B, all of which are attached and incorporated by reference into this Agreement, except as to those parts that conflict with this Agreement. If there is any conflict between the Exhibits and the all other documents and this Agreement,this Agreement shall take precedence over any other document. WorkSTEPS and Provider represents and agrees that they are qualified to perform and are fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. WorkSTEPS and Provider shall be responsible for all its' errors or omissions, in the performance of the Agreement. WorkSTEPS and Provider shall correct any and all its' errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. WorkSTEPS and Provider agree that they will not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. Job Analyses is the foundation of the COUNTY'S functional employment testing program. A job analyses is a measurement of the physical demands and requirements of the essential functions of a specific job. Accurate and current job analyses are the COUNTY'S responsibility. Job Specific Authorization Forms that document essential function requirements must be executed by COUNTY'S representative and provided to WorkSTEPS before testing can begin. COUNTY representatives should use professionals experienced in assisting with job analyses or other trained and certified ergonomic assessment specialists to assist in the preparation of job analyses and documentation of essential functions. The job analyses should be based on a close, careful examination of the specific job by an individual trained and competent in making the physical measurements of the essential functions of the specific job. The job analyses provides specific job content validity to COUNTY's functional employment testing program, which seeks to simulate the specific physical demands necessary to perform essential job functions. Accurate and up-to- 1