2015-583-E HR - Job Ready Services workplace fitness for duty and functional capacity testing

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DocuSign Envelope ID:6E9B5308-6677-4F2E-9268-29D6E1A4FD76 y date job analyses help ensure that employment decisions are based on objective, sound, individual, and job specific information. Likewise, an accurate and up-to-date job analysis helps ensure that no individual or i group of individuals is discriminated against. County acknowledges and understands that this Agreement contemplates the functional employment testing of prospective employees and/or actual employees of County. That County, as employer of the individuals tested have a significant role, both before and after the test, including, but not limited to, selection of the s essential functions of the applicable job,the writing of job descriptions, if any, in communicating with the individuals to be tested in a consistent manner, in making appropriate employment decisions based on test results and in properly processing and advising those individuals tested. County represents and agrees that they are qualified to perform their'role in the Functional Employment Testing Program. SPECIFIC TERMS h 1. Term: The term of this agreement shall be from the effective date of this Agreement September 1, z: 2015 for a period of one year ending August 31,2016. 2. PUm . The County agrees to pay at the rates specified for satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed fifteen thousand dollars, ($15,000.00). Payment shall be made within thirty (30) days of an invoice properly submitted to the County. Should Provider fail to perform the duties under the terms of this Agreement, County may,without fault or penalty,withhold any payment associated with the work to be performed until such time as said work is completed. Based on the functional employment test(s)and services that have been identified the price for the test(s)and services shall be: r a.Fee Schedule: ♦ Comprehensive Post Offer Functional Employment Test $200.00. 4' ♦ Fit For Duty,Fit For Duty RTW $175.00 i ♦ Upper Quadrant/Carpal Tunnel/Post-Offer Evaluation $240.00 t ♦ Job Specific Test Development per hour $125,00 ♦ Validation per hour $125.00 ♦ Sincerity of Effort Test $300.00 0 No Show Fee(24 hour cancellation required) $175.00 s Return on Investment Study(annual) No Charge f b. Other Services. Fees shall be as provided for services other than described in 2.a. above in the ; Proposal(Exhibit 1). ii 3. Non—waiver: Failure by one Party at any time to require the performance by another Party of any of the provisions hereof shall in no way waive or affect the Complaining Party's right hereunder to enforce the same, nor shall any waiver by the Complaining Party of any breach be held to be a 4 waiver of any succeeding breach or a waiver of this Non-Waiver Clause. f 4. Independent Contractor: The Provider and WorkSTEPS shall operate as independent Contractors, and the County shall not be responsible for any of their acts or omissions. The Provider nor WorkSTEPS shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider and WorkSTEPS understand that neither federal, state, or payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or WorkSTEPS,or their employees. 5. Provider and WorkSTEPS Employees: COUNTY acknowledges that WorkSTEPS has invested considerable time and financial resource in the training, education, and certification of the professional staff necessary to deliver the services set forth on Exhibit A to this Agreement. During the term of this Agreement, and for a period of one year after its termination, COUNTY agrees that it shall not actively or knowingly solicit for employment any of WorkSTEPS Revised 10/2015 2