ON-THE-JOB TRAINING (OJT) AGREEMENT PACKET

ExhibitAttachment - On-The-Job Training Policy and Procedures

Chapter 4. Part 1: Adult and Dislocated Worker Program Activities

I. The San Diego Workforce Partnership (SDWP), in conjunction with the Service Provider,

and the Employer enter into this OJT Agreement to provide

II.

III. The position, wage, hours, and reimbursement rate are as follows:

OJT Trainee OJT Agreement #

Employer Debarment Employer Status Debarred Yes No Yes No

Employer (Company) Name Employer Contact Name

Address City, State, Zip

Federal or State Tax ID Number Phone

Workers' Compensation Carrier

Policy Number Effective Dates of Policy

Service Provider Name

Address City, State, Zip

Phone

Job Title HourlyWage

ReimbursemRate

Total Hours(Working/Training)

Business Services Representative (BSR) Name BSR Contact

Email Address

- -

The term of this OJT Agreement is from through

on-the-job training in accordance with the paragraphs below and the OJT Service Plan attached hereto.

Void Vo

SDWP In

EO WIOA Section 188 Compliance Checklist

Attached herein Previously submitted orActive

Revised November 2018

id Void Date:

ent Total

itials:

Reimbursement Planned

Page 1 of 4

ON-THE-JOB TRAINING (OJT) AGREEMENT ASSURANCES AND CERTIFICATIONS

ExhibitAttachment - On-The-Job Training Policy and Procedures

Chapter 4. Part 1: Adult and Dislocated Worker Program Activities

The Employer assures that:1. Services and activities provided under this Agreement shall be administered by and under the supervision of the

Employer.

2. The Employer understands that there shall be no reimbursement for the OJT Trainee’s sick leave or holiday pay, orany leave. Reimbursement shall occur only for those hours the OJT Trainee is present on the job for training.

3. Appropriate standards for health and safety in work and training situations shall be maintained.

4. The Employer shall give the Service Provider and the San Diego Workforce Partnership and any of their authorizedrepresentatives, such as local, state and federal monitors, the right and access to examine all trainee records andother documents related to this Agreement.

5. The Employer shall comply with Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination.No person may be denied employment, excluded from benefits, or suffer from discrimination under the OJTprogram because of race, color, religion, sex, national origin, sexual orientation, age, disability, or politicalaffiliations or belief.

6. The OJT Trainee shall be compensated by the Employer at such rates, including periodic increases as may bedeemed reasonable under regulations prescribed by the Secretary of Labor, but in no event at a rate less than thatspecified in Section 6 (a) (1) of the Fair Labor Standards Act of 1938, or if higher under the applicable state or localminimum wage law.

7. Employer agrees to issue wages to employees in compliance with all federal, state and local laws. Failure to complycan result in formal investigations and/or penalties.

8. The Employer shall comply with the provisions of the Hatch Act, under which the use of the SDWP OJT programfunds to promote political activities is prohibited.

9. The Employer shall comply with the provisions of the Immigration Reform and Control Act of 1986, which requiresemployers to verify that all employees are eligible to work in the United States as legal residents of the UnitedStates.

10. All laborers and mechanics employed by contractors or subcontractors in any construction, alteration or repaircapacity including painting and decoration of projects, buildings and works which are Federally-funded under theWorkforce Innovation and Opportunity Act (WIOA), shall be paid wages at rates not less than prevailing wages on asimilar construction in the locality in accordance with the Davis-Bacon Act.

11. The OJT Trainee shall not displace currently employed workers. This includes partial displacement such as areduction in the hours of non-overtime work, wages or employment benefits.

12. No OJT Trainee shall infringe upon the opportunity for promotion of currently employed individuals.

13. No OJT Trainee shall be placed in jobs substantially equivalent to positions for which employees have been laid off

14. This agreement shall not impair existing contracts for service or Collective Bargaining Agreements. Terms of thisagreement shall be undertaken only with written concurrence of the labor organization concerned.

15. The OJT program funds shall not be used to promote or discourage union organizing.

16. The Employer understands that fraudulent claims or action under WIOA are subject to criminal penalties and theagency may invoke any and all sanctions available to it in the event of such fraud. An example of fraud would besubmitting an invoice requesting reimbursement of wages that have not been paid.

17. The SDWP OJT program funds shall not be used for contributions on behalf of any trainee for retirement systems orplans.

18. Records on OJT trainees shall be retained and be made available for review for up to four (4) years. Shouldthe Employer cease to operate prior to four years, the Employer shall notify SDWP and deliver the records to aSDWP designated location.

Page 2 of 4Revised November 2018

IV. The Employer agrees to:a. Provide training in accordance with this agreement and the OJT Service Plan;b. Provide the OJT Trainee with reasonable and proper supervision and instruction regarding the OJT

Trainee duties and work activities;c. Ensure Labor Union approval on training components, if indicated per Labor agreement;d. Issue wages to employees in compliance with all federal, state, and local laws;e. Adhere to all assurances and certifications outlined above. Failure to comply with assurances and

certifications can result in formal investigations and/or penalties;f. Maintain ongoing communication and feedback with the OJT Trainee on the progress of learning the job;g. Identify areas of weakness of the OJT Trainee that would be a barrier to become proficient in any skill;h. Maintain appropriate standards for health and safety in work situations;i. Maintain on-going communication with the Service Provider;j. Provide access to the SDWP or their designees, to visit, monitor or observe the OJT employment site and

interview the OJT Trainee and supervisor(s) during the training period;k. Provide Attachment - Participant Progress Report found in Chapter 4, Part I to the AJCC Staff by the tenth

working day of each calendar month;l. Submit invoice(s) for the OJT Trainee, including the OJT Trainee payroll records and clarification of hours.m. Upon successful completion of training, retain employee in employment (for at least 90 days), in

accordance with the Employer’s policies and practices.

V. The OJT Trainee agrees to:a. Save paycheck stubs;b. Maintain monthly contact with the Business Service Representative;c. Follow the OJT Service Plan and the skills to be learned;d. Participate in both the midpoint and completion review of the OJT;e. Be on time and ready to learn and work, maintain a positive attitude, and dress appropriately for

the job;f. Adhere to the standards for health and safety in work and training situations; andg. Adhere to employee handbook.

VI. The San Diego Workforce Partnership agrees to:

a. Submit this OJT Agreement to SDWP for approval prior to the start date of the OJT;b. Provide coaching and support to the OJT Trainee;c. Maintain ongoing communication with the Employer and OJT Trainee on the progress of learning the

job;d. Submit invoices, within five (5) business days of receipt, to SDWP for payment; ande. Maintain files of all payroll records or timecards for the OJT Trainee.

Page 3 of 4

ExhibitAttachment - On-The-Job Training Policy and Procedures

Chapter 4. Part 1: Adult and Dislocated Worker Program Activities

a. Provide an OJT Employer ID; andb. Process employer reimbursement invoices on straight-time worked (vacations, holidays, sick leave,

personal leave, union dues, jury duty, commissions, bonuses and overtime compensation for work inexcess of the maximum hours per week authorized by law will not be reimbursed) within thirty (30) daysof receipt of accurate invoice from Service Provider in an amount not to exceed 50% of thehourly wage paid each OJT Trainee provided that:

o The completion of training occurred in accordance with the respective OJT Service Plan and thisOJT Agreement.

o The Attachment - On-the-Job Training Invoice and payroll records or time cards are completeand correct upon submission to SDWP.

VII. The Service Provider agrees to:

Revised November 2018

OJT Trainee OJT Agreement #

ON-THE-JOB TRAINING SERVICE PLAN

ExhibitAttachment - On-The-Job Training Policy and Procedures

Chapter 4. Part 1: Adult and Dislocated Worker Program Activities

Job Title

Start Date Midpoint Date Completion Date How often will OJT Trainee be paid

Page 4 of 4

The OJT Trainee will be trained in the following skills/tasks:

The Employer, OJT Trainee, and Service Provider have read, agreed to enter into an OJT agreement,and accepted the requirements.

Service Provider Signature

Employer Signature

OJT Trainee Signature

Date

Date

Date

- -

Specific Vocational Preparation (SVP) Level

SDWP Use Only:

Programs Deparment Signature Finance Department SignatureDate Date

Revised November 2018