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date job analyses help ensure that employment decisions are based on objective, sound,individual,and job <br /> specific information. Likewise, an accurate and up-to-date job analysis helps ensure that no individual or <br /> group of individuals is discriminated against. <br /> County acknowledges and understands that this Agreement contemplates the functional employment testing <br /> of prospective employees and/or actual employees of County. That County, as employer of the individuals <br /> tested have a significant role, both before and after the test, including, but not limited to, selection of the <br /> essential functions of the applicable job, the writing of job descriptions, if any, in communicating with the <br /> individuals to be tested in a consistent manner, in making appropriate employment decisions based on test <br /> results and in properly processing and advising those individuals tested. County represents and agrees that <br /> they are qualified to perform their role in the Functional Employment Testing Program. <br /> SPECIFIC TERMS <br /> 1. Term: The term of this agreement shall be from the effective date of this Agreement to August 31, <br /> 2014. <br /> 2. Payment. The County agrees to pay at the rates specified for satisfactorily performed in accord <br /> with this Agreement. The amount to be paid by the County shall not exceed ten thousand dollars, <br /> ($10,000). Payment shall be made within thirty(30) days of an invoice properly submitted to the <br /> County. Should Provider fail to perform the duties under the terms of this Agreement, County <br /> may, without fault or penalty, withhold any payment associated with the work to be performed <br /> until such time as said work is completed. Based on the functional employment test(s) and <br /> services that have been identified the price for the test(s)and services shall be: <br /> a.Fee Schedule: <br /> ♦ Comprehensive Post Offer Functional Employment Test $175.00 <br /> ♦ Fit For Duty,Fit For Duty RTW $175.00 <br /> ♦ Upper Quadrant/Carpal Tunnel/Post-Offer Evaluation $240.00 <br /> ♦ Job Specific Test Development per hour $150.00 <br /> ♦ Validation per hour $150.00 <br /> ♦ Sincerity of Effort Test $300.00 <br /> ♦ No Show Fee(24 hour cancellation required) $75.00 <br /> ♦ Return on Investment Study(annual) No Charge <br /> b. Other Services. Fees shall be as provided for services other than described in 2.a. above in the <br /> Proposal(Exhibit 1). <br /> 3. Non—waiver: Failure by one Party at any time to require the performance by another Party of any <br /> of the provisions hereof shall in no way waive or affect the Complaining Party's right hereunder to <br /> enforce the same, nor shall any waiver by the Complaining Party of any breach be held to be a <br /> waiver of any succeeding breach or a waiver of this Non-Waiver Clause. <br /> 4. Independent Contractor: The Provider and WorkSTEPS shall operate as independent Contractors, <br /> and the County shall not be responsible for any of their acts or omissions. The Provider nor <br /> WorkSTEPS shall not be treated as an employee with respect to the Services performed hereunder <br /> for federal or state tax, unemployment or workers' compensation purposes. The Provider and <br /> WorkSTEPS understand that neither federal, state, or payroll tax of any kind shall be withheld or <br /> paid by the County on behalf of the Provider or WorkSTEPS,or their employees. <br /> 5. Provider and WorkSTEPS Employees: COUNTY acknowledges that WorkSTEPS has invested <br /> considerable time and financial resource in the training, education, and certification of the <br /> professional staff necessary to deliver the services set forth on Exhibit A to this Agreement. <br /> During the term of this Agreement, and for a period of one year after its termination, COUNTY <br /> agrees that it shall not actively or knowingly solicit for employment any of WorkSTEPS <br /> 2 <br />