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HomeMy WebLinkAbout2014-573-E HR - Job Ready Services, LLC for the WorkSTEPS Testing Program for Workplace Fitness For Duty and Functional Capacity Testing for Certain Work Groups $15,000DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 LETTER AGREEMENT THIS AGREEMENT made and entered into this the rAday of S�pt 2014 ( "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 Devaney 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- DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 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 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 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 1. Term: The term of this agreement shall be from the effective date of this Agreement September 1, 2014 for a period of one year ending August 31, 2015. 2. Payment. 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). 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: a. Fee Schedule: ♦ Comprehensive Post Offer Functional Employment Test $175.00 ♦ Fit For Duty, Fit For Duty RTW $175.00 ♦ Upper Quadrant / Carpal Tunnel / Post -Offer Evaluation $240.00 ♦ Job Specific Test Development per hour $150.00 ♦ Validation per hour $150.00 ♦ Sincerity of Effort Test $300.00 ♦ No Show Fee (24 hour cancellation required) $75.00 ♦ Return on Investment Study (annual) No Charge b. Other Services. Fees shall be as provided for services other than described in 2.a. above in the Proposal (Exhibit 1). 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 waiver of any succeeding breach or a waiver of this Non - Waiver Clause. 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 2 DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 employees or WorkSTEPS licensed Providers associated with the delivery of these services to COUNTY. 6. Insurance: The Provider and WorkSTEPS shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. 7. Indemnity: The Provider and WorkSTEPS agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider or WorkSTEPS. 8. Compliance with Laws: The Parties agree that they will comply with all federal and state laws in the compliance of this Agreement. County acknowledges that the County is responsible for making employment decisions concerning any post- employment candidates' or current employees' suitability for employment or continued employment and for making decisions concerning reasonable accommodations. 9. Termination: This Agreement may be terminated by either Party upon written notice to the other Parties. Receipt shall be deemed effective upon actual delivery to the noticed Party. Upon termination, COUNTY shall be responsible to pay for any employment tests that have actually been performed prior to the termination. 10. Confidentiality: The Provider and WorkSTEPS shall keep all information or materials received from the COUNTY strictly confidential, and shall not divulge any such information or materials without the express written consent of COUNTY. Notwithstanding any prohibition contained within this Section, The PARTIES may release data or information as contemplated herein should a state or federal court of law require it. WorkSTEPS may also release data or information received from the testing of COUNTY's employees for any legitimate business purpose, provided that (i) any personal information is kept confidential, and (ii) that all state and federal laws regarding such data or information are strictly followed. 11. Trademark, Copyright and Proprietary Information: COUNTY acknowledges that is has been advised that WorkSTEPS believes the WorkSTEPS name, and its marks and proprietary software, protocols and testing process are federally trademarked and copyrighted. COUNTY agrees that WorkSTEPS proprietary software, protocols, processes, procedures, including modifications thereto, are, and shall be considered "proprietary" and "confidential information." WorkSTEPS confidential and proprietary information will be provided to COUNTY for the sole purpose of having the WorkSTEPS Provider provide functional employment testing services to the COUNTY. COUNTY acknowledges, agrees and confirms that COUNTY's disclosure or misappropriation of WorkSTEPS proprietary information could cause irreparable injury to WorkSTEPS, and COUNTY hereby expressly agrees that it will not use the confidential and proprietary information provided to COUNTY, except for the express purposes described in this Agreement except as provided below. All data and information generated by the WorkSTEPS Functional Employment Testing Program for COUNTY shall be the property of WorkSTEPS and COUNTY. WorkSTEPS shall use best efforts to keep such data or information in a legally compliant manner pursuant to all state or federal laws affecting such data or information. COUNTY may keep copies of data or information for use in its normal course of business, but COUNTY hereby agrees that should it have possession of any WorkSTEPS materials, forms, procedures, protocols, or information, that such shall be deemed proprietary and confidential and kept strictly confidential. COUNTY shall use best efforts to see that such is not utilized for any purpose that would reasonably be deemed in competition with WorkSTEPS. DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 Without limiting the generality of this Section, THE PARTIES agree that after the termination or expiration of this Agreement, such PARTIES will not use the proprietary, confidential information of the other PARTY to provide the same or similar services to any person (unless and until such information ceases to be proprietary and confidential through no fault of the PARTY seeking to use the same), however, nothing in this Section shall prohibit Provider or its affiliates, after termination of this Agreement, from providing a service to County similar to the services provided by in this Agreement as long as neither Provider nor its affiliates uses the proprietary, confidential information of WorkSTEPS in so doing. 12. North Carolina Public Records Act. Provider and WorkSTEPS acknowledge that this Agreement, the Confidential Information and any documents, memorandum, data, reports, analyses, compilations, records, pricing and evaluation of all or any portion of the transactions contemplated by this Agreement may be deemed public records and subject to disclosure, in whole or in part, pursuant to the North Carolina Public Records Law. County will provide WorkSTEPS with prompt notice of any intended disclosures or requests for disclosure pursuant to the North Carolina Public Records Law and an appropriate opportunity to seek protection of the Confidential Information consistent with all applicable laws and regulations. Should a public records request be made for information WorkSTEPS claims is proprietary in nature, County will, within a reasonable time, notify WorkSTEPS of such public records request. WorkSTEPS shall, within five (5) business days of said notification provide notice that it does or does not object to the County disclosing the requested information pursuant to the subject public records request. If WorkSTEPS objects to the disclosure of the requested information, WorkSTEPS agrees that it shall be solely responsible for the defense of and the cost of defending any claim or complaint against the County for its refusal to disclose Confidential Information. WorkSTEPS agrees that if any such complaint or claim is filed it will indemnify County and will reimburse County for any and all damages awarded against County its refusal to disclose the requested information. WorkSTEPS agrees that it releases County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the release or disclosure or failure by the County to release or disclose Confidential Information. WorkSTEPS further agrees that it waives the right to file any court action for any such release, disclosure, or failure to release or disclose Confidential Information. 13. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 14. Governing Law: The Parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should any party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 15. Non Appropriation: Provider and WorkSTEPS acknowledge that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non - appropriation of public funds. IN WITNESS WHEREOF, Orange County, WorkSTEPS and the Provider have signed this Agreement, effective as of the day first written above. AGREED TO THIS J_ DAY OF ltav'p—� , 2014. DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 wBPOY�, Inc. / _ y. President Title Peter Gallaher Printed Signature 8Y L8 iii Ready Services, LLC o28F- t�t�65B6343 ... By: President Title Debra Lord Printed Signature ogGaanty, NC 66VULU't, (Mmtysb � y: onme ammersley, County Manager ,TII"jmffwaw,nt has been approved as to technical content. baYUhMCW reri�a8�art�'o�omew, Human Resources Director This instrument Qhas been pre - audited in the manner required by the Local Government Budget and Fiscal I°liiO= ✓J A'i M 2F982EC44C2C444... Clarence G. Grier, Asst. County Manager /CFO 4^4ut*wnt has been approved as to form and legal sufficiency. 401' Annette M. Moore, Staff Attorney DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 Exhibit 1, Proposal DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 Job Ready Services, LLC 2300 Westinghouse Boulevard, Suite 107 Raleigh, NC 27604 e T 919256.1400 Phone:�� 919 256.1403 Fax www.lobeeadyservices.net i P �OpD ..... WORKPLACE FITNESS FOR DUTY AND FUNCTIONAL CAPACITY TESTINGFOR AT RISK WORK GROUPS PROPOSAL February 1, 2413 PREPARED FOR; Orange County Nicole Clark Human Resources Director M. Jewel Wray, Human Resources Manager PREPARED BY: Debra C. Lord, PT, CEAS II President description Job Ready Services, LLC is a an independent provider of The WorkSTEPS® Program which was developed by physical therapists in a clinical setting over two decades ago in response to industrys need for reliable, medically / legally defensible employment testing program which could effectively reduce work place injury incidence and work place injury costs. Debra Lord, PT has been a licensed provider of the WorkSTEPS® Program since 1998 and has been awarded the ACE Award by WorkSTEPS corporate for six of the last seven years recognizing excellence in functional testing and product delivery. The testing program, which is based upon objective scientific data collected on new hires and existing workers, conforms fully to EEOC guidelines for application of the Americans with Disabilities Act (ADA) and ADA Amendment Act (ADAAA). Visit www.worksteps.corn or contact WorkSTEPS at 512 617- 4100 or www.iobreadyservices.net for further information. Job Ready Services, LLC 1 919 266 -1400 www.jobreadyservices.net DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 executive summary The Objective... The WorkSTEPS® Program is a system of ADA compliant employment tests that are both scientific and objective. These tests establish baseline information on employees and help insure that they are appropriately matched to the physical demands of their jobs. Information collected during these tests is invaluable to employers in both the hiring and post injury management of workplace injury. + Need #1 : Develop a Job Analysis in a standardized format for describing each unique job function within each designated department's job description. a Need #2 : Implement functional capacity testing to objectively measure current and future employees' ability to perform the required tasks outlined by the analysis. + Need #3: Standardize data collection and reporting pre and post injury + Need # 4: Prevent injuries in the workplace by appropriately matching employees' abilities to their job responsibilities, + Need #5: Detect "al risk" employees who have significant pre - existing impairments, + Need #6 : Intervene following the inception of an injury to effectively rehab workers and minimize lost work days, + Need #7. Eliminate fraud through the use of scientific consistency °checks° post injury, The Opportunity... Reduce costs associated with work - related injury by implementing a functional employment testing program. + Goal #1 : Significantly reduce workplace injury incidence, + Goal #2: Reduce workplace injury costs, + Goal #3: Reduce last time, + Goal #4. Create accountability for employees & treating providers. Job Ready Services, t_LC 2 919 256 -1400 www.jobreadyservices.net DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 `J_ q.�z mission statement Mission Statement Statistics prove that the best way to treat any injury or illness is to prevent it from ever occurring. However, there are many debates about what interventions are the most effective and which ones achieve the highest measures of success. It is well recognized by experts in the field of occupational and industrial medicine, that the single highest degree of injury reductions are accomplished through functional testing. Functional testing is a bio- ergonomic intervention that measures human strength and performance, and appropriately matches them to the physical demands of the job. The WorkSTEPS@ Functional Test Model CModel") has proven to reduce work - related MSD's by an average of 50% in its first year of implementation when used as a first line of defense in the prevention of MSD's. Functional testing combined with other injury management programming such as conditioning, ergonomics, etc., can help achieve reductions which are even more significant. The Model has gained wide acceptance in the business community due to the rising costs associated with workers' compensation and increased federal regulations being imposed on employers by the Occupational Health and Safety Administration and the Equal Employment Opportunity Commission, The Model helps employers stay compliant with federal hiring practices and the Americans' with Disabilities Act. The Model utilizes appropriately designed and administered tests, historical pre- and post -injury data, and evaluations relevant to physical performance to help mitigate the incidence and costs of injury and provide better data to its employers to assist In resolution of claims. The Model is currently utilized in 48 states and has proven invaluable to both large and small employers in their ongoing efforts to reduce workplace injury incidence and their related costs. This Model is appropriate for use in all industries as it addresses common musculoskeletal problems that encompass heavy labor to high tech, repetitive motion injuries. Many employers using the Model have been recognized both nationally and regionally for exemplary accomplishments in safety and prevention programming. The employer /occupational medicine partnership created through this Model has resulted In hundreds of safer, more productive workplaces. Litigation WorkSTEPS® has never been found negligent or contributory in any settlement regarding ADA or EEOC non - compliance. WorkSTEPS® has a history of litigation successes. Once pre -injury status is achieved, medical costs are justifiably stopped and maximum improvement is assigned. WorkSTEPS® has established a significant precedent by subtracting pre - existing impairments in a final workers' compensation award. ,lob Ready Services, LLC 919 256 -1400 DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 expected Job Ready Services as a provider of WorkSTEPSO has been successful in saving many area employers thousands of dollars in workers` compensation insurance claims and lost time accidents. This has been accomplished by providing a unique test that determines whether a job candidate can perform the essential functions of their job. This testing program is a proven method of reducing costs associated with workplace injuries. Many employers currently utilizing the testing program are reporting an average reduction of 50% of their previous year's work injury costs, and many companies have achieved savings of as high as 80 %. Statement of Problern /Need + The University of Massachusetts recently reported that 10% of existing employees are not physically capable of performing their job tasks. This same 10% also accounts for 75% of the costs associated with workplace injuries. information collected during WorkSTEPSO testing identifies individuals who are at high risk for injury and prevents an employer from placing or retaining them in job positions that they are not physically capable of performing. + One back injury costs over $100,000 (medical, replacement income, indemnity, etc.) + One carpal tunnel costs over $100,000 (medical, replacement income, indemnity, etc.) + One fraudulent claim costs over $70,000 Project Scope and Objectives The Scope of the project may include testing of job positions as identified by Orange County The following objectives shall be achieved: + Reduce work related injury costs by 50% over a one year period + identify individuals who do not meet job specific strengths or aerobic requirements + Appropriately match current and new employees to the physical demands of their jobs + Provide the company with capable/not-capable recommendations + Substantiate legitimate injuries and disqualify fraudulent claims + Reduce employee turnover + Expedite injured employees return to work + Standardize data collection and reporting pre and post injury Jab Ready Services, LLC 4 919 256 -1400 DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 services provided The WorkSTEPSO Employment Testing Program consists of 5 parts; Information Gathering, Detection, Intervention, Assessment, and Fraud Ellminatlon. + Information Gathering — The WorkSTEPS® Program starts with a thorough job analysis, which shall be completed by trained Job Ready Services, LLC personnel certified in ergonomics. The job analysis information forms the basis for preparation of the essential function component of the WorkSTEPS® Employment Test per EEOC and ADA guidelines. + Detection — Job Ready Services, LLC will then begin testing potential employees to ensure they are capable of performing the physical components of the identified position. This test involves a functional evaluation involving lifting and job specific testing. Following completion of the test, results are entered Into the WorkSTEPSO database for outcome generation. This provides a profile of each individual employee according to the DOT physical demand of each specific job. The capable/not- capable recommendation is received almost immediately via a computerized network. The report generated establishes the baseline functional capabilities of the candidate for possible comparison to future, post -injury data. The employer receives an ADA compliant report. + Intervention — If the candidate is hired and incurs an injury or illness, a Fit - For -Duty examination may be required under certain circumstances before return to work to ensure this employee's safety in performing the essential functions of the job and also for the purpose of documenting the change in that individual's baseline due to a change in their physical status and identifying functional deficits and establishing rehab goals. + Assessment — If an employee remains on 'transitional duty" for more than 2 weeks (for example) or is taken off of work for a work- related or a non work - related injuryfillness, the employee may be required to participate in a Fit- For -Duty testing process during the rehab process or at MML This test allows the injured fill person to perform the essential functions of their normal job in a controlled environment. If the person is deemed to be able to perform their job safely based upon the essential functions, Job Ready Services, LLC will recommend that they resume their normal job. If the person is deemed unable to perform theirjob safely or with reasonable accommodations, Job Ready Services, LLC All notify you in writing of tasks the employee is capable of performing safely. Orange County can then place the employee in the appropriate transitional position. The employee may be involved in a rehab or conditioning program and then retested per Company Policy. Policies can be developed to manage those individuals who have reached MMI and cannot return to full duty after due process. + Fraud Elimination — If an applicant is hired and through the course of his/her employment suffers any type of injury, the post -offer information Is used to compare the employee's current status with his/her initial baseline status. This alleviates speculation regarding pre - existing conditions and comparisons to other persons of his /her age and weight. Furthermore, since the consistency of post -injury data and diagnostic information is easily monitored, the ability to detect faking an injury and reduce workers' compensation liability /expense is greatly enhanced. Job Ready Services, LLC 5 919 256 -1400 www.jobreadyservices.net DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 cast summary Development Costs Price - Physical Demands Analysis (to establish essential job functions) $20011-lour (minimum of 2 hrs) - Customized Job Descriptions and Essential Functions Test Development $150 /Job Type - Validation of Job Specific Testing $150.00/Hour Testing Costs Price - Post Offer 1 Pre Placement Comprehensive Exam $175 - Carpal Tunnel /Comprehensive Exam $240 - Fit -Far -Duly Testing $175 - No Show Fee $75 Additional Services Available Price Ergonomic Analysis or Causal Relations Job Analysis $2001hour Annual Review /Update of Job Descriptions / Job Specific Tests Review $1251hour Ergonomic Training "Per Agreement Functional Capacity Evaluation $700.00 Sincerity of Effort Testing $300.00 Work Conditioning $80/hr Medical -Legal Interventions $1501hour Price Miscellaneous Costs Travel $501hour Mileage $0.55 /mile There are.no additional start -up costs, annual administrailve costs, or hidden fees associated with program. "Training class pricing is dependent on number of attendees per class, number of classes needed, scheduling needs, class time and materials provided." *A Job Type analysis includes job titles /positions that are similar in nature, to: handling of same equipmentftools, exposure to same work environment and job functions overlap The above pricing is valid for 30 days from the date of Proposal Submission Job Ready Services, LLC 6 919 256 -1400 www.jobreadyserAac s.net DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 project summary Cost Estimate for Implementing Post Offer /Fit for Duty Program for 1 Job Type Job Analysis 3 hrs per job type x $200/hr $600 Test Development 1 hr per job type x $150 /hr $150 Validation 2 hrs per job type x $150 /hr $300 Miscellaneous Travel time and Mileage $110 Estimated Cost Pull Program Implementation $1160 expected results i Return on Investment Estimated costs are based on review of Job Analysis, development of job specific testing criteria, content validation of testing protocol and physical abilities testing for 5 Job Types. Job Analysis --1 Independent Job Type Includes time on site, Job Specific Test Design, and Content Validation $1160 Post Offer Pre Placement Testing 10 New Hires 1750 $29'10 Research indicates 101% of your employees are unable to safely perform the essential functions of their job and have a significant risk for injury. It is also known that 800 /0 of your time and monies are spent in managing claims for this 10 %. The Workers Camp Research Institute recently reported the average direct cost of a workers comp claim in NC is $42,000. DOL`s Safety Pays Program provides a conservative estimate of the indirect cost of the claim as $46,000 for a total claim cost of $88,000. If the WorkSTEPSO model is successful in finding 1 out of the 10 employees tested who could not safely perform the essential job functions and has a significant risk for injury, it would pay for all of the costs of testing at this level with a savings of 90% of direct and indirect claim costs. A Conservative ROI would be $30 for each $1 spent Serious consideration should be given to a method that demonstrates savings with testing and not hiring your next claim. Job Ready References Available per Request WorkSTEPS References Available per Request Job Ready Services, LLC 7 919 256 -1400 www.jobreadyservices.net DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 I f recommendations Find out what other companies already know here in North Carolina and nationwide about successful work injury management with the WorkSTEPSO Program: The following recommendations provided by Job Ready Services, LLC will result in a successful work injury management experience with the WorkSTEPSO Program: ♦ Do Job Analysis o Validate essential functions and physical demands necessary for safe job performance ♦ Do implement post offer pre placement testing to gather baseline for pre - existing factors • Don't pay pre - existing apportionment • Do educate your medical providers to provide accountability for treatmentirehab goals ♦ Do implement post employment physical agility testing • Do single out struggling employees for individualized assessment • Do test all employees periodically to maintain job readiness Do implement Return to Work policies after leave • Do create accountability post injury with Fit - For -Duty testing • Do post injury Functional Capacity Evaluations to RTW with residual function e Do best practice programming e Do stop injuries and save significant dollars Please contact Debra Lord or Michelle Morgan at Job Ready Services to discuss finalization of this agreement: 919- 256 -1400 or email: debra .lord(o)iobreadyservices,net or michelle.morpan aoiobreadyservices.net. Looking Forward to a Successful Partnership As a representative of Orange County, my signature below indicates acceptance of the proposal as offered by Job Ready Services, LLC. Sgnature Date Print Name Title Addendum., Job Analysis Contract Addendum: Tri -Party Letter of Agreement Job Ready Services, LLC 8 919 256 -1400 www.jobreadyservices.net DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 Exhibit "2" Contract for Services For Job Analysis Bid Proposal Orange County ( "COUNTY ") understands that a job analysis must be completed in order to meet requirements for the Americans with Disabilities Act (ADA) so that Job Ready Services, LLC ( "Provider ") may perform post -offer and post employment testing pursuant to WorkSTEPS employment testing protocols. While the ADA does not require that a formal job analysis be conducted to determine the essential functions of a specific job position, the ADA does require an employer to prove that any exclusionary criteria obtained from a medical examination used to withdraw an offer of employment or terminate employment are "job related and justified by business necessity." (EEOC ADA Technical Assistance Manual H at 19 and VI at 2). Thus, the Provider must conduct a job analysis of the positions for which employment tests are performed to ensure that the employment test is measuring the candidate's or employee's ability to perform essential job functions. It is imperative that the COUNTY provides accurate information to the Provider regarding the essential job functions for specific job positions. The EEOC provides a discussion relating to the identification of essential job functions in its Technical Assistance Manual. (EEOC ADA Technical Assistance Manual II at 13 -22). The COUNTY acknowledges that the COUNTY is responsible for familiarizing itself with this section of the ADA Technical Assistance Manual and providing the Provider accurate information concerning essential job functions. A separate job analysis must be performed for each position for which the COUNTY desires to utilize employment testing. The job analysis may include filming, weighing, and measuring tasks for the selected major job positions for the COUNTY. The COUNTY understands that the evaluation usually takes between one (1) and four (4) hours to complete and is billed at $200.00 per hour. Mileage for services outside of a 20 mile radius from Job Ready is billed at $0.55 per mile and travel time at $50.00/hour. The COUNTY hereby authorizes Provider to provide said job analysis for each job position for which the COUNTY will be requesting employment testing at the above referenced rate. COUNTY Representative /Title Date Provider Representative /Title Date DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 "Attachment A" Description of Services Post Offer Testing to Include: Medical History — The job candidate is asked to complete a comprehensive medical history administered by an occupational healthcare professional that has been trained and certified in the WorkSTEPS Program. This history includes information gathering on previous injuries and/or surgeries, previous physical therapy /chiropractor visits, etc. The employee also signs a statement that falsification of the information he /she has provided could result in the withdrawal of the conditional job offer. Musculoskeletal Examination — A WorkSTEPS certified clinician completes this portion of the exam. The exam looks at all major joints and muscle groups. Thirty (30) baseline measurements are documented. The muscle groups are checked for strength as well as any atrophy. The shoulders, elbows, wrists, back, ankles, knees and hips are checked for signs of crepitus as well as ligament stability. In addition, the lumbar and the cervical spine is also checked. Flexion, extension, side bending and twisting are all measured. Visual inspection of the spine for signs of surgery is performed. Deep tendon reflexes of the biceps, triceps, patellar tendon and Achilles tendon are performed to further check for spinal cord problems. Shoulder range of motion is checked and measured as well for movement in the internal and external rational planes. The rotator cuff is also thoroughly checked. Static Grip - This portion of the tests measures grip strength and gathers baseline strength readings on the employee. Dynamic Lifting - This portion of the test gathers baseline, full motion, and strength readings. The employee is asked to lift a NIOSH box from 4 different positions. These 4 positions are lifting the box from floor to knuckle height, 12 inches off the floor to knuckle height, knuckle height to shoulder and shoulder to overhead. With each of these lifts, the employee is asked to lift the box. After the lift, they are asked if they can safely handle more weight. The employee is asked at the beginning to try and lift their maximum safe lift. The employee is shown and instructed on the proper lifting techniques for each of these lifting positions. Job Specific Tasks - This portion tests assesses the job candidate's ability to perform the essential functions of the job he /she is applying for. The essential functions for a job description are created through job analysis that is performed by a qualified vendor of the employer's choosing (this can be the WorkSTEPS Provider who will be providing testing service but is not required). The employer is obligated to participate in the job analysis process by approving and verifying that the essential functions have been properly identified and are accurate. Upper Quadrant/Carpal Tunnel Test - A series of baseline upper extremity tests utilized to identify carpal tunnel syndrome ( "CTS "). This test consists of a brief musculoskeletal examination focusing primarily on the upper extremities, grip, pinch, and forearm strength and endurance tests, an optional nerve conduction test, and essential functions tests if applicable. The results are compared to recognized norms and an employment recommendation is given to the employer. The Upper Quadrant/Carpal Tunnel Test is NOT used to diagnose CTS. It is performed only as a baseline test to identify abnormalities that have resulted in strength, motion, or sensory loss that correlates to pain or other symptoms consistent with common upper extremity problems and cumulative traumas like CTS. When symptoms or loss of function are identified during the testing process, a "Refer for "Additional Medical Clearance" DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 Fit For Duty Testing As Part Of A Return To Work ( "RTW ") Program To Include: WorkSTEPS will be conducting Fit - for -Duty (Post -Injury RTW) Tests on existing employees to include the following: • Any reported injury, illness, or condition that gives the employer reasonable belief that the employee's ability to perform essential job functions will be impaired or create a direct threat to health and safety. • This category may also include testing at the request of the employer because, although there has been no formal injury or medical condition reported, the employer has observed current performance problems or has received reliable reports of performance problems indicating that the employee may not be able to perform essential job functions, or may pose a direct threat to the health and safety of the employee or others. • Even if the employee has fully "recovered" from injury or illness and no longer considers him or herself "injured", for documentation purposes the test should be identified as a "post- injury" fit for duty, or an injured worker, because that was the trigger for the test. • When testing an employee post -injury or illness the provider will: • Use the WorkSTEPS Fit for Duty Physical Capacity Consent Form • Use the WorkSTEPS Post Injury Fit for Duty Medical History Interview • Not perform "routine" medical measures, including heart rate and blood pressure, that are not related to the injury or condition for which the employee is being seen, or that are not contributing to a job related functional deficit. • Not perform the standard "baseline" tests such as step test, Sorenson's or grip if they are not related to the injured area. • Perform only the dynamic lift postures that are considered qualifying criteria. • Perform any and all standard job specific tasks for the position, and expand to include any additional essential function tasks that could be impacted by their injury or condition. Representative /Title Date WorkSTEPS Representative /Title Date 0 DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 ---"—a% JOBRE -1 OP ID: SI �1 CERTIFICATE OF LIABILITY INSURANCE ° 1 101131!231/20114 4 THI3 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Dupree & Webb, Inc. PO Box 6522 Raleigh, NC 27628 -6522 Adrian B. Band CONTACT DUPREE S WEBB INC PHONE FAX 919 -828 -3241 Noll: 919- 821 -3911 ADDRESS: INSU S AFFORDING COVERAGE NAIC II INSURERA:Hartford Casualty Insurance Co 29424 $ 1,000,00 INSURED JOB READY SERVICES, LLC INSURER B: Hartford Ins. Co. of Midwest 37478 2300 WESTINGHOUSE BLVD # 107 RALEIGH, INC 27604 INSURER C: Evanston Insurance Company S 1,000,00 GENERAL AGGREGATE INSURER D: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC INSURER E: $ 2,000,00 INSU F : A AUTOMOBILE LIABILITY ANYAUTD ALL OWNED SCHEDULED AUTOS X NON-OWNED HIRED gUTO$ AUTO $ CAVEF AGEA CFRTIFICATF NUMRFR-- REVISION NUMBER: 002 THIS 18 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES - LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LS TYPE OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE POLICY NUMBER MMloD11YYW M DIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR HILLSBOROUGH, NC 27278 225BAIF7783 03/0112014 0310112015 EACH OCCURRENCE $ 1,000,00 TO RENTEff__ PREMISES Ea occurrence s 300,00 MED EXP (Any one person) $ 10,00 PERSONAL &ADV INJURY S 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC PRODUCTS - COMPIOP AGG $ 2,000,00 $ A AUTOMOBILE LIABILITY ANYAUTD ALL OWNED SCHEDULED AUTOS X NON-OWNED HIRED gUTO$ AUTO $ 22SBAIFT783 03/01/2014 03/01/2015 Es axid.r") SINGLE LIMIT $ 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ACCIDENT) PER�X $ S A X UMBRELLA LIAB EXCESS LLA13 X OCCUR CLAJMS_MADE 22SBAIF7783 0310112014 03!0112015 EACH OCCURRENCE 3 2,000,00 AGGREGATE $ 2,000,00 X DED RETENTION $ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORMARTNERIEXECUTIVE Yl�N OFFICERIMEMBEREXCLUDED? N (Mandatory In NH) Ha dearsibe under DESCRIPTION OF OPERATION$ below NIA 22WBCE03770 03101120114 0310112015 X WC STATU- I OTH- TORY LI MITS E.L. EACH ACCIDENT $ 500,00 E.L. DISEASE - EA EMPLOYEE $ 500,00 E.L. DISEASE -POLICY LIMIT S 500100 C PROFESSIONAL LIAR SM899038 03/0112014 03101!2015 PER CLAIM 1,000,00 AGGREGATE 3,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace Is required) SEE FORM SS 08 04 45, PAGES 11 -14, ITEM 6. FOR GENERAL LIABILITY ADDITIONAL INSURED PROVISIONS. I%mn -ri •rHATC Lr/11 rICD CAhICRI I ATin NI ORANG -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ORANGE COUNTY POST OFFICE BOX 8181 E AUTHORIZED dria IiEP Bond Adrian B. Bond HILLSBOROUGH, NC 27278 ACORD 26 (2010106) 01888 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers ", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative wiii have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a famed Insured if there is no other similar insurance availabie,to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. S. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to cant' persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co "employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. B. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products-completed operations hazard ". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard ". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products - (b) In the performance of your completed operations hazard ", but ongoing operations performed by only if you or on your behalf. (t) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (11) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 DocuSign Envelope ID: Al E64657- B4BC- 4CBD- BBDE- 98475BE11255 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products- oompleted operations hazard' is the Products - Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your 'locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right -of -way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one 'occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05