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12/09 <br />monthly on an invoice provided by CITY for actual and reasonable cost for providing the <br />services described in this Agreement. Reimbursement of EMPLOYER under this Agreement <br />shall be limited to the costs incurred during the basic work week, excluding overtime and any <br />paid holidays or sick leave. <br />4. Subcontracting Prohibited. The EMPLOYER shall not subcontract or assign the OJT Training. <br />Any attempt by the EMPLOYER to delegate or assign OJT training duties under this <br />Agreement shall void, and permit CITY to immediately terminate, this Agreement. <br />5. Employer Obligations. During the training, the EMPLOYER shall ensure that the Trainee: <br />a. is on the EMPLOYER's payroll, not paid as a contracted employee/independent <br />contractor; and, <br />b. receives the same benefits as EMPLOYER's other employees performing similar work; <br />and, <br />c. is paid the salary as indicated in Exhibit A with appropriate payroll taxes withheld and <br />reported; and, <br />d. is provided Worker's Compensation Insurance coverage, pursuant to state law; and, <br />e. is provided by EMPLOYER with safety instructions and equipment necessary for <br />reasonable protection against injury and damage. CONTRACTOR shall maintain appropriate <br />standards for health and safety in work and training situations. Where special clothing or <br />equipment is provided to the EMPLOYER's regular employees, EMPLOYER shall provide the <br />same type of clothing or equipment to the Trainee performing similar work. <br />6. Employment of Trainee. The EMPLOYER shall employ the Trainee as a regular member of <br />EMPLOYER's work force. If EMPLOYER wants to continue to employ the Trainee upon the <br />successful completion of the training period under this Agreement, said employment shall be <br />subject to the same conditions of employment applied to EMPLOYER's other regular <br />employees, including termination for unsatisfactory performance. <br />7. Patent, Copyrights and Rights in Data. The EMPLOYER will disclose to the CITY any <br />invention, written product, computer program developed or data assembled as a result of <br />performance of work under this Agreement within seventy four (74) days of invention, <br />development or assembly. The CITY, State of California, and U.S. Department of Labor will <br />have the right to patent any invention and copyright any written product or computer program <br />or data generated by EMPLOYER. Upon written request, EMPLOYER will transfer all <br />pertinent information, specifications and right, title and interest to the designated agency. <br />8. INVENTIONS, PATENTS AND COPYRIGHTS. <br />A. Reporting Procedure. If any project produces patentable items, patent rights, <br />processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant <br />or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The <br />CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement <br />between the CITY and the DOL and its representative on these matters, the DOL shall <br />determine whether to seek protection on the invention or discovery. The DOL and its <br />2