DRUG-FREE WORKPLACE EMPLOYER CERTIFICATION

Employer certifies that the following provisions have been read and understood. The employer is in full compliance with all of the following provisions and shall remain in compliance with these provisions for the life of this Agreement. The employer certifies that it will provide a drug-free Workplace by:

1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the person’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.
2. Establishing a drug-free awareness program to inform employees about:
   • The dangers of drug abuse in the workplace;
   • The employer’s policy of maintaining a drug-free workplace;
   • Any available drug counseling, rehabilitation and employee assistance programs;
   • The penalties that may be imposed upon employees for drug abuse
3. Making it a requirement that each employee to be engaged in the performance of such contract be given a copy of the statement required in paragraph (1);
4. Notifying the employee in the statement required by paragraph (1) that as a condition of employment on such contract, the employee will:
   • Abide by the terms of this statement, and
   • Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than (5) days after such conviction.
5. Notifying the within 10 days after receiving notice under paragraph 4 (b) from an employee or otherwise receiving actual notice of such conviction.
6. Within 30 days of receiving notice under paragraph (4) (b), the employer must take either of the following actions
   • Appropriate personnel action against the employee, up to and including termination, consistent with all federal and state disability law requirements; or
   • Requiring the employer to participate satisfactorily in drug abuse assistance or Rehabilitation Program approved for such purposes by Federal, State, or local health, law enforcement, or other appropriate agency.

7. Making a good-faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (l)-(6).

Lobbying/Debarment Statements:

The employer certifies that it is in compliance with Federal anti-lobbying requirements of 31U.S.C. 1352 and that neither it nor any of its subcontractors are currently debarred or suspended by the federal government, state, or city under any law or regulation.

1.  EMPLOYER AGREEMENT TO ABIDE BY THE WORKFORCE INNOVATION                                             OPPORTUNITY ACT (WIOA) AND ITS REGULATIONS:

The ON-THE-JOB-TRAINING Employer shall abide by the Workforce Innovation and Opportunity Act and all other applicable Federal, State, and Local laws and regulations while performing the activities specified in this Agreement.

2.  NO DISPLACEMENT OF CURRENTLY EMPLOYED WORKERS OR INFRINGEMENT ON                         PROMOTIONAL OPPORTUNITIES:

WIOA member hires cannot displace currently employed workers. This includes partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits. Jobs cannot be created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals. Neither current nor former employees of the On-the-Job-Training Employer may be certified eligible for WIOA ON-THE-JOB-TRAINING services under this Agreement, unless as stipulated in #19 above.

3.  PROVISION REGARDING RELOCATION:

No funds under the WIOA program shall be used or proposed for use to encourage or induce the relocation of an establishment or part thereof, that result in the loss of employment for any employee of such establishment at the original location.

4.  PROVISION FOR NON-DISCRIMINATION:

No On-the-Job-Training participant/trainee hired under this Agreement shall be subjected to discrimination or excluded from benefits because of race, color, religion, sex, national origin, age, disability sexual preference, political affiliation or belief, and for beneficiaries only; citizenship, or participation in this program. Titles I, II, III of the Americans with Disabilities Act (ADA), where applicable)

5.  PROHIBITION AGAINST SECTARIAN ACTIVITIES:

On-the-Job-Training participants/trainee who may be employed in the construction, operation, or maintenance of any facility that is used or is to be used for sectarian instruction or as a place for religious worship, shall not participate in or attend any such sectarian instruction or religious worship.

6.  PROVISION FOR TERMINATION:

This Agreement will be terminated, in whole or part:

1. At the completion of training
2. Upon dismissal or separation of the EBT/OJT participant/trainee.
3. At the request of JOB1, if training is not being conducted according to the training outline and/or if the employer fails to maintain compliance with required minimum standards.
4. At the request of the EBT/OJT Employer if the EBT/OJT employer is unable to fulfill the requirements of the Agreement.
5. Upon any notification of non-availability of funds which would be necessary to continue the Agreement; or at the request of the EBT employer for the sake of convenience, with the requesting party providing a thirty (30) day calendar-day advance written notice to the other party in the Agreement.

7.  PROVISION REGARDING MODIFICATION OR CHANGE IN PARTICIPANT STATUS

This Agreement and any future modification(s) hereto shall be effective on the date last signed by both parties. Any change in the Agreement or its attachments shall require written approval by both parties before becoming effective. Either party may request that the Agreement terms be renegotiated when circumstances, which were neither foreseen nor reasonably foreseeable by the parties at the time of Agreement, arise during the period of performance of this Agreement, and must be outside the control of either party. Any changes requested or required shall be in written form only and signed by both parties to this Agreement. The EBT/OJT Employer shall notify an authorized representative of the originating LWIA prior to any promotions, demotions, terminations, or changes in pay, training, and/or job descriptions. The EBT/OJT Employer shall forfeit any unpaid reimbursement if a participant is terminated without prior notice and documentation.

8.  PROVISION FOR HANDLING DISPUTES

The Employer agrees to use administrative processes and negotiation in attempting to resolve disputes arising from this agreement. The Employer shall continue performance of the Agreement activities during such dispute and shall immediately submit written requests for informal review and consultation to the originating LWIA. Should the dispute not be resolved at this level within thirty (30) calendar days of such request, the Administrative Entity through the originating JOB1 Director and the Employer, shall review the disputed matter. After consultation with the Director and the Employer, the originating JOB1 Center shall resolve said matter in accordance with the standards as set forth in the WIOA programs. Such decision shall be rendered in writing and become binding to all parties. Nothing in this paragraph shall imply that the Employer is prevented from appealing any decision pursuant to WIOA regulations. All parties agree that any legal action brought in relation to this contractual Agreement shall be brought before a court of competent jurisdiction only after all administrative remedies have been exhausted. It is hereby understood and mutually agreed that the Federal Government is not a party hereto and that no legal liability on the part of the Federal Government is inferred or implied under the terms and conditions of this Agreement.

9.  WAGE COMPENSATION OF THE PARTICIPANTS AT THE HIGHEST OF THE FEDERAL, STATE, AND LOCAL MINIMUM WAGE OR THE PREVAILING WAGE RATE OF SIMILARLY SITUATED EMPLOYEES

The EBT/OJT Employer shall compensate participant at least at the rate specified on the first (1) page of the Agreement during the training period, and after the linkage to unsubsidized employment. The Employer ensures that individuals in the training shall be compensated at the same rates, including periodic increases, as similarly situated employees or participants and in accordance with applicable law. The Employer further ensures that in no event will the member receive compensation in an amount less than the higher of the rate specified in the Fair Labor Standards Act of 1938 (Federal Minimum Wage) or the applicable State or Local minimum wage.

10.  SAFETY AND HEALTH STANDARDS APPLICABLE TO THE WORK SITE

OJT participants/trainees will be subject to the same working conditions as all other employees. They will not be required or permitted to work or be trained under working conditions that are unsanitary, hazardous, or dangerous to the participant’s health and safety as defined by the Occupational Safety and Health Act (OSHA) of 1970

11.  WORKERS' COMPENSATION OR ALTERNATE INSURANCE FOR INJURIES TO PARTICIPANTS:

The Employer shall provide adequate workers compensation coverage or equivalent protection to each participant/trainee under this Agreement. The protection must include accident and medical coverage and may include income maintenance.

12.  PROVISION COVERING LIABILITY

The Employer agrees to indemnify and hold participating LWIAs/JOB1 harmless from and against liabilities, claims, losses, and expenses that arise out of or result from a breach of any of the Employer's responsibilities.

13.  PROVISION REGARDING UNION CONCURRENCEAND COMMENT

Where a labor union represents employees, who are engaged in similar or training in the same area as the participant under this Agreement, an opportunity shall be provided for such organization to submit comments with respect to the training provided under this Agreement. The Employer attests that no activities, work or training under this Agreement are in conflict with the terms and conditions of an existing collective bargaining agreement or contract for services. The Employer further ensures that nothing under this Agreement shall impair any aspect of an existing collective bargaining agreement. The exception is that no program, funded by which would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the Employer and the affected labor organization. No funds received under this Agreement shall be used to promote or discourage union organization or political activities.

14.  PROVISION RELATING TO DEBARMENT AND SUSPENSION

The Employer must submit a certificate regarding debarment, suspension, ineligibility, and voluntary exclusion for it and its principals by any governmental entity at the time that the employer submits its proposal in connection with a covered transaction.

15.  EMPLOYER COMPLIANCE WITH LAWS

The EBT/OJT Employer shall comply with all applicable business licensing, taxation, and insurance requirements.

16.  MAINTENANCE, RETENTION A N D ACCESS TO RECORDS BY AUTHORIZED STAFF OF THE               STATE, ANDTHE U.S. DEPARTMENT OF LABOR

The EBT/OJT Employer is required to maintain records relating to the ON-THE-JOB-TRAINING Agreement for a period of three (3) years from the date of final payment of the Agreement or until any required audits are complete and findings on all claims have been resolved, whichever is later. Failure to do so shall make the Employer liable for repayment of the funds reimbursed. Records that, at a minimum, must be maintained are listed below:

1. Personnel employment records
2. Time and Attendance Records
3. This training Agreement, any modifications, and/or correspondence pertaining thereto;
4. Records of payments received under this ON-THE-JOB-TRAINING Agreement cancelled checks used to pay the ON-THE-JOB-TRAINTNG participant/trainee, and any other payroll and fringe benefit records normally maintained by the Employer. These should be retained and if requested by the, state or S. Department of Labor, shall promptly be made available for audit purposes.
5. If an ON-THE-JOB-TRAINING Employer goes out of business or is unable to retain the necessary records prior to an audit, all records pertaining to the ON-THE-JOB-TRAINING Agreement shall revert to the custody of the. The ON-THE-JOB-TRAINING Employer agrees that the, the State, the S. Department of Labor, or any of their authorized representatives shall have access to and the right to examine any directly pertinent documents, papers, records or invoices related to this Agreement.

17.  PROVISION PROHIBITING PLACEMENT AND REFERRAL FEES

Neither party to this Agreement shall charge an ON-THE-JOB-TRAINING participant/trainee a fee for the referral or the placement of said participant under this Agreement.

18.   PROVISION REGARDING MONITORING

The performance of the ON-THE-JOB-TRAINING employer will be monitored on a periodic basis to ensure adherence to the terms and conditions of the Agreement. Monitoring shall include the review of financial records, ON-THE-JOB-TRAINING participant/trainee time sheets, and any other records as described in Sections 16 and 22 relating to this contract, and/or Interviews with those directly involved with the services rendered under this Agreement. The Federal, and State agencies and/or their designated representatives may perform monitoring.

19.   ADHERENCE TO THE DAVIS-BACON ACT PROVISIONS

ON-THE-JOB-TRAINING participants/trainees who are hired and working in federally financed projects as laborers or mechanics in any construction, alteration, or repair (including painting and decorating) of projects, buildings, or works must be paid the prevailing wage in compliance with the Davis-Bacon Act.

20.  PROVISION REGARDING CONFLICT OF INTEREST

Both parties agree to prohibit employees from using their positions for a purpose that is, or gives the appearance of, or being motivated by a desire for private gain for them, particularly those with whom they have family, business, or other ties. Both parties further agree to exercise due diligence to avoid situations that give rise to an assertion that favorable treatment is being granted to friends or associates.

21.  PROVISIONS REGARDING FRINGE BENEFITS AND WORKING CONDITIONS EQUAL TO THAT OF OTHER EMPLOYEES

The ON-THE-JOB-TRAINING Employer ensures that ON-THE-JOB-TRAINING participants/trainees under this Agreement shall be provided fringe benefits and working conditions at the same level and to the same extent as other employees working a similar length of time and doing the same type of work.

22.   PROVISION REGARDING ON-THE-JOB-TRAINING EMPLOYER REIMBURSEMENT

No Employer may be reimbursed for any amount in excess of the negotiated value of this Agreement. The originating LWIA shall provide reimbursement to the Employer on a monthly basis only upon the Employer’s timely submission of properly documented invoices and participant attendance records as required by this Agreement. The Employer shall permit a representative from the Compliance Office (with prior notification to the Employer), access to participant time sheets, and payroll records for the purpose of verifying said time sheets and invoices, the originating LWIA shall reimburse the Employer for those hours actually spent in training while on the job. The originating LWIA will not reimburse the ON-THE-JOB-TRAINING Employer for:

1. Work performed outside of the contract effective and termination dates of the Agreement
2. During periods of work stoppages (e.g., strikes, holidays, vacation, sick leave, weather or other emergency related closings.
3. Work performed that is inconsistent, illegal, or non-similar to that described in the training outline of this Agreement.

23.  PROVISION REGARDING CORRECTIVE ACTION

The management, administration, and implementation of all the terms and conditions of this Agreement shall be performed in a manner satisfactory to the originating LWIA. In the event that the originating LWIA determines the Employer's performance to be unsatisfactory, the originating LWIA may act in its own best interest including, but not limited to:

1. Requiring corrective action with specific time frames;
2. Withholding payment; disallowing inappropriate claims, payments, or costs;
3. De-obligation of funds; or
4. Termination or suspension of this Agreement
5. If the ON-THE-JOB-TRAINING Employer violates any of the conditions of this Agreement, or an applicable Federal, State, or Local Law, and such violation results in a claim of liability against the employer, the employer agrees to promptly indemnify the originating LWIA an amount equal to the resulting liability and any expenses of said

24.  PROVISION REGARDING POLITICAL ACTIVITY

No participant/trainee shall be employed in or be required to engage in any political activities.

25.  PROVISION SAFEGUARDING AGAINST RETROACTIVE AGREEMENTS

No participant/trainee shall work for an ON-THE-JOB-TRAINING Employer in the training occupation prior to the execution date of the Agreement, (e.g., the Agreement must be signed and dated by authorized representatives of, the Employer, and the Agreement administrator for the Employer (if applicable) prior to the member’s starting date.

26.  PROVISION PROHIBITING CONTRIBUTIONS TO RETIREMENT SYSTEMS

No funds available under this Act may be used for contributions on behalf of any ON-THE-JOB- TRAINING participant/Trainee to retirement systems or plans.

27.  PROVISIONS REGARDING CITIZENSHIP

Participation in programs and activities financially assisted in whole or in part under WIOA shall only be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugees and parolees, and other individuals authorized by the Attorney General to work in the United States.

28.  ADHERENCE TO THE CLEAN AIR ACT

The ON-THE-JOB-TRAINING Employer assures that it has not been convicted under the Clean Air Act (42 USC 7408) or the Federal water Pollution Control Act (33USC 1319 I) and that it is listed by the Environmental Protection Agency (EPA).

29.  PROVISION PROHIBITING CONTRIBUTIONS TO LOBBYING

The ON-THE-JOB-TRAINING Employer ensures that no funds made available under WIOA shall be used for lobbying activities.

30.  PROVISION REGARDING CHILD LABOR LAWS

The ON-THE-JOB-TRAINING Employer agrees to abide by all applicable child labor laws.

31.  NO ON-THE-JOB-TRAINING PARTICIPANT/TRAINEE SHALL BE EMPLOYED FOR JOB                       OPENING FILLED WHEN:

1. Any other individual is on layoff from the same or substantially equivalent job;
2. The ON-THE-JOB-TRAINING Employer has terminated the employment of any regular employee; or
3. The ON-THE-JOB-TRAINING Employer has reduced the workforce with the intention of filling the vacancy, so created by hiring an ON-THE-JOB-TRAINING participant whose wages are subsidized under this Agreement.

32.  OTHER PROVISIONS

1. No member of the ON-THE- JOB-TRAINING participant's/trainee’s immediate family maybe an owner of the business or engaged in any direct administrative capacity for the ON-THE-JOB TRAINING Employer or will directly supervise the participant/Trainee. Immediate family shall mean a husband, wife, daughter, son, mother, father, sister, brother, in-laws, aunt, uncle, grandmother, grandfather, niece, nephew, or stepchild.
2. The ON-THE-JOB-TRAINING Employer shall ensure that the ON-THE-JOB-TRAINING participant/trainee is provided appropriate supervision, training, sufficient materials and equipment to perform assigned duties, and shall provide safe and healthy working conditions, and adhere to applicable labor and safety laws.
3. The ON-THE-JOB-TRAINING Employer is urged to attempt to develop programs that contribute occupational development, upward mobility, development of new careers and overcoming sex stereotyping in occupations traditional for one gender.
4. It is hereby understood and mutually agreed that the ON-THE-JOB-TRAINING participants/trainees employed under this Agreement are hired into a position that shall be full time. The ON-THE-JOB-TRAINING Employer agrees to retain the ON-THE-JOB- TRAINING participant/trainee upon completion of training, and to pay at least the hourly wage rate being paid at the end of the training period.
5. No ON-THE-JOB-TRAINING participant/trainee shall be employed in a private and members only organization.
6. The ON-THE-JOB-TRAINING Employer is not permitted to subcontract or assign any of the training to be conducted under this Agreement.
7. Overtime hours worked (in excess of 40 hours per week) and subsequently invoiced for payment by the employer will be not be reimbursed at the overtime rate by the originating LWIA. Any and all hours worked including overtime hours will be reimbursed at the regular contracted wage rate stipulated in this Agreement.

33.  PROVISION REGARDING ADDITIONAL AGREEMENTS

The primary consideration in selecting ON-THE-JOB-TRAINING employers authorized by the originating LWIA shall be the effectiveness of the ON-THE-JOB-TRAINING Employer in delivering services based on demonstrated performance the criteria used to evaluate an ON- THE-JOB-TRAINING Employer's performance may include, but not be limited to the following:

1. Adherence to Agreement provisions and assurances
2. Fiscal accountability derived through the use of an adequate accounting system
3. WIOA ON-THE-JOB-TRAINING participant's/trainee’s employment rate at termination
4. Current Workers Compensation and liability insurance policies
5. Non-EBT/OJT employee turnover rate
6. Unresolved safety violations
7. Adequate equipment, tools, materials, supervision; payroll/time and attendance records
8. Timely handling of participant invoices and job evaluation information
9. Unresolved monitoring report findings
10. Adequate system for the retention and availability of time, attendance, and payroll records
11. Availability of pertinent employee records during or upon agreement completion
12. Acceptable grievance procedure in place
13. Avoidance of actual or apparent conflict of interest situations
14. Rates of pay in consideration of job
15. Type of Company
16. Number of years in operation
17. Availability of participant benefits
18. Level of upward mobility and skills transfer