Contract Number:
O‘ahu WorkLinks Staff:
Effective Date:
ON-THE-JOB-TRAINING AGREEMENT

BETWEEN O‘AHU WORKLINKS AND

AGENT

This agreement is entered into by and between the City and County of Honolulu (CITY), acting as the fiscal agent for O‘ahu WorkLinks, and (AGENT) or to provide On-the-Job Training for eligible O‘ahu WorkLinks customers under the requirements of the Workforce Investment Act of 1998 (WIA), State Energy Sector Partnership (SESP), National Emergency Grant (NEG). This agreement shall begin on the day of , and shall end upon the completion of the hours of training set forth in the attached Training Plan(s) or on , whichever is earlier.

ARTICLE I

A.PROGRAM OPERATION

  1. Level of Skills: The program to be provided by the AGENT shall consist of On- the-Job Training (OJT), in which an O‘ahu WorkLinks customer is trained in the skills indicated in the applicable Training Plan(s) attached to this agreement.
  1. Number of Participants. The number of participants to be trained is limited to the total number of slots reflected in the Training Plan(s).

ARTICLE II

A.AGENT’S RESPONSIBILITIES

1.DATE OF HIRE: THE AGENT SHALL NOT HIRE OR START ANY O‘AHU WORKLINKS CUSTOMERS PRIOR TO THE DATE THE AGREEMENT IS SIGNED AND EXECUTED. THE AGENT SHALL BE LIABLE TO PAY BACK ALL MONIES RECEIVED AS A COMPENSATION FOR AN INDIVIDUAL HIRED PRIOR TO THE AUTHORIZED DATE.

AGENT’S INITIAL:

BUSINESS DEVELOPER:

  1. Hiring and Retention: The AGENT agrees to hire or upgrade the participant at the beginning of the training period as member of their regular work force and retain the participant upon the conclusion of the training period.
  1. Termination of Participants: The AGENT may terminate an O‘ahu WorkLinks customer for good cause. The AGENT must notify O‘ahu WorkLinks in writing within five (5) days of the termination explaining the reasons. The AGENT will be reimbursed for hours expended up to and including the date of termination.
  1. Benefits and Work Conditions: The AGENT agrees to provide O‘ahu WorkLinks customers the same benefits and working conditions at the same level and to the same extent as their regular employees.
  1. Workers Compensation: The AGENT shall maintain Workers Compensation insurance coverage for O‘ahu WorkLinks customers.
  1. Participant Wage Rate: The AGENT agrees to pay each participant at the same rate including periodic increases as similarly situated employees or trainees as agreed to on the negotiated training plan, but in no event lower than the State minimum wage.
  1. Overtime Work: The AGENT agrees to pay participants for overtime hours worked in accordance with Federal, State and local laws. However, O‘ahu WorkLinks will compensate the AGENT one-half of the regular rate, not including any overtime rate paid by the employer. Hours worked will be counted as part of the training hours.
  1. Attendance Records: The AGENT will be responsible for keeping office records documenting the attendance of O‘ahu WorkLinks customers on timesheets provided by O‘ahu WorkLinks, certifying the attendance and transmitting it to O‘ahu WorkLinks with invoices. The timesheets are to be signed by the employee prior to submission. In the event that the employee has terminated and the AGENT is unable to obtain the signature, the timesheets submitted must be accompanied by two documents of verification, such as: 1) copies of company ledger showing the dates and hours that the employee worked for the period and 2) copies of canceled checks (front and back) showing the amount, the date, and the signature of the employee.
  1. Performance and Evaluation: The employee’s performance evaluation incorporated in the timesheet must be completed monthly and must reflect accurate assessment of the participant’s performance.
  1. Submission for Compensation: The AGENT agrees to complete and submit on a monthly basis a timesheet and invoice for each O‘ahu WorkLinks customer. The period covered should run from the first (1st) through the end of the same month.
  1. Late Submission: The AGENT agrees that payment for invoices received after the tenth (10) of the month may be delayed until the following month. Invoices received by O‘ahu WorkLinks more than sixty (60) days in arrears will require a special authorization and written statement is to accompany the invoice submission to O‘ahu WorkLinks. Funds may be deobligated for invoices submitted after 60 days.
  1. Collective Bargaining: The AGENT must notify O‘ahu WorkLinks if a labor organization represents a substantial number of employees engaged in similar work or training in the same area as proposed in this agreement. The union must be given the opportunity to comment.
  1. Storage of Records: The AGENT shall maintain all documentation pertaining to the program funded by this Agreement for a period of three (3) years following the last reimbursement made by O‘ahu WorkLinks. However, if any audit, claim, litigation, negotiation of other action involving this Agreement has been started before the expiration of the three (3) year period, the records shall be retained until the completion of the action and resolution of all issue which arise from it or until the end of the regular three (3) year period, whichever is later.
  1. Access to Records: The AGENT agrees that any duly authorized City, State or Federal representative of O‘ahu WorkLinks shall have access to and the right to examine at reasonable times any pertinent books, documents, papers and/or records involving transactions directly related to this program.
  1. Payroll System: The AGENT agrees to implement and maintain a payroll system that is consistent with generally accepted accounting standards, capable of documenting information for gross pay, payroll withholding taxes (i.e., Federal Income Tax, State Income Tax, FICA, etc.) and net pay. These records must be readily available for review during normal duty hours.
  1. Claims and Liability: The AGENT agrees to indemnify and hold CITY and O‘ahu WorkLinks, their officers, agents, and employees, harmless from and all claims and/or liability for damages or injury to persons or damage to property in connection with the operation of the program which may arise as the result of any act or omission on the part of any participant. This includes costs and expenses for or on account of, any or all suits, actual or threatened, or damage arising out of the AGENT’s operation of this program.

B.O‘AHU WORKLINKS CONSORTIUM RESPONSIBILITIES

  1. Customer Referrals: O‘ahu WorkLinks must assess all customers for eligibility prior to start date.
  1. Compensation: O‘ahu WorkLinks agrees to compensate the AGENT an amount not to exceed 50% of wages paid to the participant, and not to exceed maximum hours allowed or end date, which ever comes first, as agreed to on the negotiated training plan. Payments in such amount shall be deemed to be in compensation for the extraordinary costs associated with training participants under this title and compensation for the costs associated with the lower productivity of such participants.
  1. O‘ahu WorkLinks Representative: An authorized O‘ahu WorkLinks representative will be made available at the AGENT’s request to assist in implementing any of the conditions of this agreement.

ARTICLE III

GENERAL PROVISIONS
  1. TERMINATION OF CONTRACT
  1. Termination of Funding: Cancellation of this Agreement may be instantaneous ifat any

time Federal funds are reduced or eliminated.

  1. Failure to Perform: This Agreement may be terminated by the CITY should the AGENT fail to perform its duties or violate any clauses of this Agreement. Termination shall be effective immediately upon delivery of a termination notice to the AGENT or two (2) days after the mailing of a termination notice.
B.AMENDMENT PROCEDURES
  1. The CITY may unilaterally amend this Agreement to conform to changes in Federal, State or local laws, rules regulations, or procedural instructions. Such changes shall become effective upon receipt of letter informing the AGENT.
  1. Changes in the Training Plan: The training plan may be modified for an extension for a bonafide reason or to increase the participants wage rate.The AGENT agrees to inform the CITY in writing of need for an extension a minimum of ten (10) days prior to the end date.
C.CONTINGENT FEES

No individual, organization, agent, or representative of the AGENT may charge an individual a fee for the placement or referral of such individual to the job or jobs indicated in the agreement and training plan.

D.MAINTENANCE OF EFFORT
  1. The AGENT agrees that no funds provided by this Agreement will be used to train an O‘ahu WorkLinks customer to fill a job opening created by the action of the AGENT in laying off or terminating the employment of any non-O‘ahu WorkLinks customer in anticipation that the vacancy will be filled by the hiring of an O‘ahu WorkLinks customer.
  1. The AGENT agrees that no O‘ahu WorkLinks customer shall be hired into or remain working in any position when the same or substantially equivalent position is vacant due to a hiring freeze.
E.ASSURANCE AND CERTIFICATIONS

1.The AGENT assures and certifies that it will comply with the requirements of WIA and

the federal regulations pertaining to WIA. The applicable legislation and regulations (WIA) are identified by the program indicated at the top of the Training Plan/Budget Summary prepared for each participant employee and attached to this Agreement and made a part thereof.

2.The AGENT understands and agrees that verbal communication between the parties will not be accepted in any audit determinations or other matters involving interpretations of the rules and regulations governing the implementation of O‘ahu WorkLinks programs.

3.The AGENT assures that it will comply with Title IV of the of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Rehabilitation Act, Title IX of the Education Amendments of 1972, the American Disability Act of 1991 as amended, and City Ordinance Section I-18 of the Revised Ordinances of Honoluluon sexual harassment.

  1. The AGENT assures that none of the funds appropriated under the Agreement will be used to support any religious or anti-religious activity. Participants in the program will not be employed at any facility that is used for religious instruction of worship.
  1. The AGENT assures that appropriate standards for health and safety in work and training situations will be maintained, and shall be at least as effective as that which would be required under the Occupational Safety and Health Act of 1970.

6.The AGENT assures that none of the funds appropriated under this Agreement shall be used for any political activity, lobbying of Federal, State or local legislators, or to promote or oppose unionization.

  1. The AGENT further assures and certifies that upon written notification of non-performance and/or non-compliance with any of the provisions contained in this agreement it will immediately take the necessary corrective action required to remain in compliance. If the conditions are not corrected within thirty (30) days after receipt of written notification from O‘ahu WorkLinks, the CITY shall have the right to revoke all or part of the contract.
  1. The AGENT shall be liable to repay to O‘ahu WorkLinks such amounts determined in an audit to have been mis-spent due to willful disregard of the requirements of the Act or gross negligence or failure to observe accepted standards of administration. The funds repaid shall be from funds other than those provided under this Agreement.

The City and Agent have executed this agreement on , 20.

AGENT:
Title: / CITY AND COUNTY OF HONOLULU
Company: / FISCAL Agent for O‘ahu WorkLinks
Address:
By:
Rolanse Crisafulli, Administrator
Phone: / Date:
Surveyed:
By: / By:
BD: / Title:
Date: / Date:

TO BE COMPLETED BY THE EMPLOYER

The AGENT agrees not to employ any O‘ahu WorkLinks customers under the OJT Agreement if the O‘ahu WorkLinks customer is a member of the immediate family of either an owner of the AGENT’s business or of an individual in an administrative or supervisory position in the AGENT’s employment. YES: NO:

Are there any collective bargaining agreements covering occupations in which training is proposed? YES: NO:

List the bargaining agent and occupations, if any:

Date:
Date:

1

rev 05/17/11