Orange County NC Website
DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 <br />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 September 1, <br />2014 for a period of one year ending August 31, 2015. <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 fifteen thousand <br />dollars, ($15,000). Payment shall be made within thirty (30) days of an invoice properly <br />submitted to the County. Should Provider fail to perform the duties under the terms of this <br />Agreement, County may, without fault or penalty, withhold any payment associated with the work <br />to be performed until such time as said work is completed. Based on the functional employment <br />test(s) and services that have been identified the price for the test(s) and services shall be: <br />a. Fee Schedule: <br />♦ <br />Comprehensive Post Offer Functional Employment Test <br />$175.00 <br />♦ <br />Fit For Duty, Fit For Duty RTW <br />$175.00 <br />♦ <br />Upper Quadrant / Carpal Tunnel / Post -Offer Evaluation <br />$240.00 <br />♦ <br />Job Specific Test Development per hour <br />$150.00 <br />♦ <br />Validation per hour <br />$150.00 <br />♦ <br />Sincerity of Effort Test <br />$300.00 <br />♦ <br />No Show Fee (24 hour cancellation required) <br />$75.00 <br />♦ <br />Return on Investment Study (annual) <br />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 />